Being involved in a motorcycle accident can cause some severe injuries, such as traumatic brain injuries, broken bones, spinal cord injuries, severe head injuries, and nerve damage. Aso, a motorcycle crash can result in emotional trauma and financial losses. Nobody wants to be involved in an accident in their whole life, but there are some factors that can cause you to be involved in one still, even if it's not your fault. Motorcycle collisions can be caused by another driver, bad driving, or bike malfunction.
No matter the case, a motorcycle wreck poses a serious risk for everyone. While recovering emotionally and physically from the accident is a priority, financial recovery is also a crucial step to make since the motorcycle accident victim may face unexpected medical expenses. Most motorcycle crash cases involve getting as much financial compensation as possible for all the physical injuries, lost income, and pain and suffering the victim may have suffered.
A motorcycle wreck can be as severe - or even more serious - than a car accident, so it's essential always to get seek fair compensation for all the financial losses. After a motorcycle collision, it's essential to seek legal representation. Contact an experienced motorcycle accident attorney from Marks Law Group today at (678) 251-9309.
What Factors Do Georgia Personal Injury Lawyers Use to Value a Motorcycle Injury Case?
There are many factors that a Decatur motorcycle accident lawyer considers when valuing an injury claim.
The first factor is liability. Liability entails determining who was at fault for causing the motorcycle accident. Did the at-fault party make a mistake that caused the accident? For example, were they driving recklessly? Were they negligent by running a red light? Or was the at-fault driver driving under the influence of alcohol or drugs? If there's a question about who was at fault, this can reduce your case’s value or may even mean you don't have a winnable case.
The next consideration for a motorcycle accident cases' value is the cautiousness of motorcycle riders. Was the driver wearing a helmet? Were they driving recklessly, weaving in and out of traffic? This can affect the severity and proximate cause of the physical injuries suffered. In a motorcycle accident, head injuries are, sadly, very common. If you weren't wearing a motorcycle helmet, the value of your case might be reduced. This is because a jury or court might find the motorcycle operator didn't protect themself from the risk of injury.
Another factor that is considered when valuing a motorcycle injury case is the at-fault party’s ability to pay. Unfortunately, most minimally-insured Georgia motorists don't have significant assets to collect. However, if you were hit by a driver who works for a large corporation, the amount of insurance may be irrelevant because their employer has the means to pay.
What Should a Fair Decatur Motorcycle Accident Settlement Cover?
Typically, a successful personal injury case is about recovering financial damages. Your accident has caused you to suffer emotionally, physically, and financially. Your accident settlement should provide fair financial recovery for these very real losses.
Financial damages can be classified into three categories: non-economic damages, economic damages, and punitive damages.
Economic Damages
Economic damages are also known as special damages. They compensate the injured party for the quantifiable economic expenses because of the wreck. This includes things, such as:
- Medical expenses associated with your wreck, including hospital, ambulance, doctors’ bills, and other medical costs
- The cost of medical devices and medication
- Occupational therapy, physical therapy, and other rehabilitation services
- Nursing care and long-term medical care services
- Reduced earning capacity and lost wages
- Property damage
- Cost of required household services, including housecleaning and lawn care
Special damages cover not only your current losses, including bills you already have, but those that you are reasonably expected to incur in the future—such as chronic pain management expenses, future surgeries, long-term care, and wage loss because of permanent disability.
Often, motorcycle accidents are catastrophic and require ongoing care, so it's essential that these future damages are estimated accurately. Accepting a low-ball settlement offer may provide for your needs for the next few years, but will eventually cause unnecessary financial hardship in the future.
At Marks Law Group, our skilled personal injury attorneys frequently consult with long-term panners, economists, medical professionals, and other expert witnesses. Armed with this information, a Decatur personal injury lawyer can fully understand your long-term needs and fight fiercely during negotiations with the insurance company for you to recover a fair settlement. There is no limit on economic damages for a motorcycle crash in Decatur, Georgia.
Non-Economic Damages
Non-economic damages are also known as general damages. These damages compensate you for financial losses that don’t have an obvious financial cost pegged to them but still substantially affect your lifestyle and quality of life. Common examples of general damages include:
- Mental anguish and emotional trauma, such as anxiety, post-traumatic stress, depression, embarrassment or shame, and other mental conditions)
- Physical pain and suffering
- Loss of enjoyment of life, for instance, no longer being able to perform your favorite hobbies or activities
- Loss of companionship, for instance, no longer enjoying the benefits normally associated with parenting or marriage.
Because non-economic damages are pretty subjective, the amounts awarded significantly even for similar cases. The experience and skill of your personal injury attorney can make all the difference in terms of what you will recover from a settlement or jury. There is no limit on non-economic damages for a motorcycle accident in Decatur.
Punitive Damages
Punitive damages are relatively rare, but judges and juries sometimes award them in a motorcycle crash case. These damages punish an at-fault party for extreme recklessness or negligence, rather than compensating you directly for your losses.
For instance, if you were stopped at a stoplight, and a drunk driver rear-ended you while speeding. Besides, paying your economic and non-economic damages, the judge or jury might add punitive damages to punish the at-fault party, since their actions went beyond a “simple” mistake.
In Georgia, there is normally a limit of $250,000 on punitive damages for motorcycle accidents. However, there is no limit in cases where the at-fault party either:
- Was under the influence of drugs or alcohol, or
- Acted intentionally or recklessly to injure another person.
Be Prepared: How to Prevent Motorcycle Accidents
The Marks Law Group: Fighting for Injured Bikers in Decatur, Georgia
If you’ve been in a motorcycle accident, your top priority should be to make sure you get excellent medical attention and focus on your healing. Recovering from motorcycle injuries is a daunting task. You shouldn’t have to deal with defending your constitutional rights against insurance adjusters, too.
At Marks Law Group, our team of experienced attorneys has represented hundreds of thousands of injured motorcyclists in negotiations with insurance companies for decades, and consistently win fair settlements and jury verdicts for our clients. We work closely with top medical experts, accident re-constructionists, and other professionals to build victims of motorcycle accidents the strongest defense possible.
If you or a family member has been hurt in a motorcycle wreck in Decatur, Georgia, contact our personal injury law firm today at (678) 251-9309 for a no-cost consultation.