Evaluating Your Georgia Motorcycle Accident Claim
No one wants
to suffer through a motorcycle accident. Compared to cars or trucks, motorcycle
accidents are significantly more likely to result in serious or lifelong
injury. If you are dealing with the aftermath of a motorcycle accident, it's
important to protect your rights and understand the factors involved. Although
every case is different, there are some key areas that you should always
consider.
The Factors Involved
First and
foremost, you have to consider liability. If no one else was at fault for your
accident, you won't be able to reach a settlement or take anyone to trial. This
is why the police report is crucial. The details really do matter. Provided
that someone is at fault, the person held liable is also very important. A
private individual may not have much insurance coverage. On the other hand, commercial
vehicles tend to be significantly better insured, and the company could be held
accountable.
Another key
factor is damages. This includes lost wages, pain and suffering, as well as
medical bills. Your attorney will determine the overall strength of your case
based these facts. Personal injury lawsuits are largely decided based duty of
care, breach of duty, damages, and causation. Be sure to share all pertinent
information, so your lawyer can help put together the strongest case possible
for you.
Types of Compensation
Compensation
can be sought after due to a number of different issues. This includes
healthcare expenses, both those already experienced and future costs. If an
injury is persistent and will be with you for the rest of your life, it's
certainly taken into account. This could be loss of limb, a spinal cord injury,
or brain damage. As far as the motorcycle itself, compensation could cover any
repairs or replacement of the vehicle entirely if it simply can't be repaired.
Economic
compensation is standard. This typically includes lost wages. Future wages may
also be taken into account. In some instances, a person may physically be
incapable of continuing their previous work, especially if it was laborious.
You've likely heard of pain and suffering, but physical and emotional or metal
distress are taken into account, not merely bodily anguish.
Obviously,
the loss of a loved one, such as a spouse, caretaker, child, or guardian falls
under this banner as well. If appropriate, you may be compensated for wrongful
death or be awarded punitive damages. It's worth noting that in Georgia,
punitive damages require a higher standard than general or special damages. A
preponderance of evidence isn't enough when it comes to punitive damages.
Instead, punitive damages require "clear and convincing evidence."
Settlement or Trial
When it comes
to personal injury cases, a settlement is the most common outcome. Many
wrongful death cases also result in a settlement. However, there are rare instances
when the case will go to trial. This is why it's an excellent idea to work with
an attorney who has extensive experience in personal injury cases and has at
least some background in trial law. It's unlikely to be needed, but you don't
want to take any chances. Your rights are important, and you should be
represented and defended as vigorously and completely as the law allows.
For more
information, call George Stein Steelhorse Law today.