Accidents involving motorcycles often result in catastrophic injuries that threaten to uproot victims’ lives and change them forever.
Victims may have questions about the average payout of a motorcycle accident in Georgia and how they can maximize their chance of winning their claim. They may also worry about whether their insurance will cover their losses and how to make ends meet.
Many motorcyclists are wrongfully accused of causing the accident because of the unfair stereotype against motorcycles or the people who drive them.
But at MG Law, we know that passenger vehicles often cause accidents because their drivers operate the cars while distracted, intoxicated, or speeding. Our team thoroughly investigates these claims to ensure that motorcyclists have a fair opportunity to be heard in court and receive the compensation they deserve for what happened to them. Our Georgia motorcycle accident lawyers can also help you understand and meet your filing deadline under Georgia law.
What Compensation Can I Receive in a Motorcycle Accident Case?
Georgia law allows motorcycle collision victims to recover general and special damages. In addition, Georgia law enables victims to seek compensation for the direct damages flowing from the wrongful act and the consequential damages reasonably related to the accident.
In rare cases, accident victims may also be eligible to receive punitive damages, which punish the driver who caused the accident and deters others from committing the same act.
Special damages are those that the victim can prove, such as financial losses. Special damages include compensation for medical bills, expenses, property damage, lost wages, loss of earning potential, and other economic harms.
General damages cannot be proven, per se, but naturally stem from an accident. For example, they encompass harms like pain and suffering, permanent disfigurement, loss of consortium, or other similar damages. An average payout of a motorcycle accident in Georgia includes all types of compensation for which the motorcycle victim may be eligible.
How Long Do I Have to File a Claim?
In Georgia, you have two years to file a claim for injuries following a motorcycle accident.
However, it’s essential that you take action as soon as you can. Your Georgia injury attorney will be able to collect the best evidence soon after your accident. If you wait too long, you may lose access to evidence or have trouble tracking down witnesses.
Is There an Average Motorcycle Accident Settlement in Georgia?
The amount of compensation that injury victims or their families receive can vary significantly from case to case. Even if two accidents result in the same or comparable injuries, the victims may receive different financial awards. The reason for this is that every case presents its own unique set of facts and circumstances. Further, an injury may impact one person dramatically differently than another because of the severity or other factors.
An experienced attorney analyzes the details of your collision and damages to calculate your case’s value. The attorney then uses this calculation to help drive negotiations and guide the parties to reach a favorable settlement agreement. They are your best asset to help pursue and maximize compensation for your injuries and expenses.
What Factors Impact the Value of a Motorcycle Accident Case in GA?
Some important factors that impact the value of your case are a determination of fault, the amount of insurance coverage, and the severity of your injuries.
The degree to which these factors impact a potential Georgia motorcycle accident settlement varies from case to case. As your lawyer gathers more evidence and information regarding your collision, they apply these factors to learn how they may affect your case.
The Severity of Your Injuries
The more severe your injuries, the more likely you are to have a larger settlement payout. Severe injuries typically require extensive recovery, long-term rehabilitation, and physical therapy. As a result, victims with significant injuries may incur substantial medical expenses. Their compensation award may cover the past medical costs and the future health care they need over the following months or years.
Those suffering from severe injuries may also require extended absences from work, and some may never be able to return to their original line of work. For people in this position, lost wages and loss of earnings also play a substantial factor in a motorcycle accident case in GA.
If you require multiple surgeries, lengthy treatments, or months of physical therapy, the compensation award you receive is likely to be higher than in other situations. Further, if there is a low chance that you will fully recover from the injury, you or your attorney may argue in favor of an increased damages award.
Determination of Fault
Georgia law follows the proportional comparative fault rule, which allows motorcyclists to recover compensation even if the court finds them to be partially at fault for the accident.
That said, the court may reduce the financial award in proportion to the parties’ percentage of fault. For example, a victim may claim $300,000 in damages. If the court determines that they bear 30% of the responsibility for the collision, the court may reduce their recovery by 30% or $90,000, meaning they recover $210,000 in damages.
For this reason, it is vital for motorcyclists to hire an experienced and skilled attorney to prepare compelling arguments in their favor.
The amount of insurance coverage is often a limiting factor when it comes to Georgia motorcycle accident payouts. Unfortunately, even if you’ve suffered severe injuries, you may struggle to be fully compensated if the person who hit you lacks adequate insurance or assets.
In addition to proving the extent of your injuries, your attorney can help you identify all potential avenues of recovery. You may be able to file a claim under your own uninsured/underinsured motorist insurance. In some circumstances, you may even be able to hold a third party responsible. For example, if the person who hit you was intoxicated, you may be able to sue someone who overserved them. A lawyer can help you explore your options.
Contact an Experienced Georgia Motorcycle Accident Lawyer
At MG Law, we understand that many victims of severe motorcycle accidents face financial, physical, and emotional hardship and need help to navigate the complex Georgia claims process.
If you suffered injuries in a collision, you may have questions about your options and what you could recover from the at-fault party. Our team of experienced, hardworking attorneys is here to assist you. With a primary focus on personal injury matters, we know the ins and outs of this nuanced area of law and work tirelessly on behalf of our clients to get the best possible outcome.