Injured motorcyclists like you can seek compensation after an accident if the other party was negligent. However, seeking a fair recovery through a claim or lawsuit can be complicated.
A Marietta motorcycle accident lawyer from Kaine Law can advocate for you. We can identify the negligent parties, negotiate with insurance companies, and even just help you understand what damages you are entitled to seek.
You Can Seek a Recovery for Your Medical Costs
The physical exposure of a motorcyclist during a crash often spells significant injury for that individual. As a result, one of the top priorities of your injury claim or lawsuit may be seeking payment for the medical care you require.
You could be entitled to seek damages to cover:
- Emergency services
- Diagnostic testing
- Hospital stays
- Braces and crutches
- Prescription medication
Compensation can cover all areas of your care, from the initial diagnosis to the aftercare. Moreover, it can also cover some specialized care that could be needed after a motorcycle accident, including:
- Dental care
- Reconstructive surgery
- Burn treatment
- Crushed limbs
- Lost limbs
Getting the money you need for treatment—from triaging to the final release from care—is one of our priorities in handling your case.
Treatment for Head and Back Injuries
Motorcycle accidents can cause traumatic brain injuries (TBIs), back and spine pain, and neck issues. These injuries pose their own unique challenges and can be accompanied by chronic pain.
You can seek damages to help cope with these symptoms and have access to alternative therapies that provide you with help and relief.
Talk to us about seeking compensation for:
- Pain management
- Chiropractic care
- Massage therapy
- Physical therapy
- Occupational therapy
- Speech therapy
Some insurance companies may not want to cover alternative treatments like acupuncture, or may try to limit the amount or kind of therapy you receive. You do not have to accept their decision. Let us know if you are being prevented from seeking the care that helps your pain.
You Are Not Limited to Reimbursing Medical Bills
The ramifications of a motorcycle accident extend beyond just the physical injury. You could be facing fundamental changes to your career and lifestyle.
For this reason, you may qualify for compensation for:
- Pain and suffering
- Lost income
- Job retraining
- Reduced earning capacity
- Impacted quality of life
- Loss of consortium
If your motorcycle crash affected your ability to do your job (temporarily or permanently) or changed the way you can interact with your loved ones, one of our Marietta motorcycle accident lawyers can evaluate all forms of damages you could seek.
The Role of Maximum Medical Improvement (MMI)
While we can get to work right away in fighting for your compensation in an insurance claim, we may wait to file a personal injury lawsuit until you have reached MMI. By waiting to file suit, this gives us more time to understand the full extent of your injuries as well as calculate any future medical expenses you may require.
We will fight to seek all the compensation you need to reach your maximum recovery.
For a free legal consultation with a motorcycle accident lawyer serving Marietta, call 404-214-2001
Identifying and Negotiating With Liable Parties
After an accident, negligent parties will often work to avoid taking responsibility. The negligent driver’s insurance company may take steps to avoid paying the claim. When we come on board your case, we can gather evidence to identify all negligent parties and put pressure on insurance companies to pay for the treatment and damages you deserve.
Determining who was negligent involves gathering information about the accident circumstances. We accomplish this by examining:
- Accident photos
- Injury records
- Traffic surveillance
- Police reports
- Eyewitness testimony
- Your own account
Proving Negligence in Your Case
We can pull from as many different sources as possible to get a clear picture of the who, what, and how of your motorcycle accident case. This includes gathering photos, witness statements, police reports, and medical bills, as well as expert testimony regarding your prognosis.
We can then gather evidence to demonstrate that the four elements of negligence exist in your case:
- Duty of care
- Breach of duty
All drivers have a duty to take care to avoid causing injury to others on the road. A breach of that duty is an action or inaction that is contrary to what a reasonable person would have done in the same circumstances. When that action or inaction causes injury, the person is negligent and can be held liable.
When to File a Lawsuit
Holding someone liable does not necessarily mean you must file a personal injury lawsuit. We may be able to use the evidence we gathered to negotiate with an insurance company or negligent party.
Many injury cases settle out of court, some even without filing a suit. However, you should consider a lawsuit if:
- The other driver was underinsured
- The other driver was uninsured
- An insurance company denies your claim
- A settlement offer is too low for your needs
In Georgia, about 12 percent of motorists are uninsured, according to the Insurance Information Institute (III). However, the relevant policy could have insufficient coverage for your expenses. In those cases, you will need to go after the driver personally for damages.
Keep in Mind Georgia Laws
Georgia adheres to the doctrine of contributory negligence (O.C.G.A. § 51-12-33). This means that you are only eligible to pursue damages if you were less than 50 percent at fault for the accident. Your amount of damages is also reduced by your level of fault.
For instance, if you were going a little too fast when you were struck by a drunk driver, a court may decide you were 15 percent at fault for the accident. That means you can pursue damages, but only for the percentage of the crash that was not your responsibility—85 percent. We can determine your level of fault and pursue your right to fair damages.
Statute of Limitations
When filing a lawsuit, you must do so within a certain timeframe, called the statute of limitations. For personal injury in Georgia, that is two years from the date of the motorcycle accident (O.C.G.A. § 9-3-33).
Kaine Law Fights for Motorcyclists’ Rights
A Marietta motorcycle accident lawyer from the team at Kaine Law is more than just a source of legal knowledge. We can round up evidence, communicate with the other parties so you don’t have to, and provide you with prompt responses to your questions. Call our office today at (404) 214-2001 and receive a free consultation.