Motorcycle accidents commonly result in serious or even fatal injuries. Those who survive the crash can be left with lifelong impacts, and the family members of those who did not survive are often left coping with grief and worried about their future. An experienced motorcycle accident attorney in South Fulton can help obtain the compensation needed for the injured to face a future that is vastly different than they had planned and for the family members to begin moving forward after tragedy.
Do You Need a South Fulton Motorcycle Accident Lawyer to Help with Your Claim?
Many individuals who have been injured or have lost their loved one as a result of a motorcycle accident are reluctant to hire a South Fulton motorcycle accident attorney because they believe that an attorney is too expensive and the at-fault party’s insurance provider is willing to pay their expenses. What often happens when individuals attempt to seek compensation on their own is that they face an insurer who is more concerned with shifting the liability to the injured in order to protect their bottom line.
Fortunately, lawyers who work on motorcycle accident personal injury or wrongful death claims use a contingent fee billing method that allows anyone to afford their services (because they don’t have to pay for their lawyer until they’ve been compensated). With no upfront investment, claimants can obtain services such as valuing the claim, establishing liability through evidence and witness testimony, communicating with the defendant’s insurance provider in order to work out a settlement that provides enough compensation to cover the expenses and impacts of the injury or loss, and much more.
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The Time Limit for Seeking Compensation for Your Injuries or Loss
In most cases in Georgia, a motorcycle accident lawsuit must be filed within two years of the date on which the injury or death occurred. There are some circumstances in which the filing of a lawsuit can be delayed, such as if the defendant was charged with a crime as a result of the accident and the criminal case against them has not yet been resolved, or the estate of a decedent is still in probate. In these situations, the statute of limitations for the claim is a maximum of 6 years or five years, respectively.
Who Can File a South Fulton Motorcycle Accident Claim?
Individuals who have been injured in a motorcycle accident that was caused by someone else’s reckless or careless actions can file a claim unless they are incapacitated, or they are a minor child. In these cases, a guardian – either court-appointed for an incapacitated person or the parent of a child — can file the claim on behalf of the injured person.
Family members of an individual killed in a South Fulton motorcycle accident can file a claim in the following order:
- If the decedent was married, the spouse can file the claim.
- If the decedent was unmarried but had children, the children can file the claim.
- If the decedent was not married and had no children, the parents can file a claim.
- If the decedent’s parents are not living, then the executor of the estate can file a claim.
In wrongful death claims, if the deceased had a spouse, the spouse must receive at least a third of the compensation provided, with the remainder to be divided equally between the deceased’s children.
Types of Compensation that Can Be Obtained in a Motorcycle Accident Claim
Motorcycle accident personal injury claimants can seek compensation for expenses such as medical bills, damage to their motorcycle or gear, loss of wages, and/or earning capacity. They can also seek compensation for pain and suffering and emotional distress that has been experienced as a result of their injury.
Motorcycle accident wrongful death claimants can seek compensation for the loss of financial support that was provided by the decedent, any outstanding medical bills incurred in an attempt to save the deceased’s life, the costs of a funeral and burial or cremation, the loss of wages and benefits the deceased would have likely earned in the course of their career, and psychological impacts such as the loss of love, companionship, society, and guidance.
In some cases where the accident was the result of recklessness, the claimant can also pursue punitive damages, which are awarded as a way to financially punish the defendant for their recklessness. In Georgia, punitive damages are capped at $250,000. There are no caps placed on damages for the expenses and impacts of the injury, however.
How Is the Decision Made to Settle a Motorcycle Accident Claim or Take It to Trial?
In South Fulton motorcycle accident claims, the claimant is responsible for making important decisions, such as whether to settle the claim or file a lawsuit. The role of the lawyer is to provide information to the client about topics such as applicable laws, how their claim is valued, and whether the settlement fairly compensates the expenses and impacts that the motorcyclist or their family members have incurred.
Most motorcycle accident claims are most often compensated through a settlement before trial begins. However, it is important to have a South Fulton motorcycle accident lawyer working on the case who is confident and comfortable resolving claims through litigation, as there is no guarantee that the defendant’s insurance provider is going to make a reasonable settlement offer.
A Motorcycle Accident Lawyer in South Fulton Can Help You with Your Claim
Motorcycle accident claims can be difficult, as the claimant not only has to fight for compensation but has to fight negative stereotypes about their chosen method of transportation as well. You don’t have to fight alone. An experienced South Fulton motorcycle accident lawyer from John Foy & Associates is ready to learn more about your claim and discuss the services they can provide to help you. Contact us for your free case evaluation.