Economic damages are the costs of any medical treatment, lost wages, and injury rehabilitation.
If you have been involved in a Georgia motorcycle accident and have experienced injuries, you probably wonder if there is a relief in sight. If not from the physical pain, then at least from any monetary losses suffered.
In the following, we will walk you through how to access compensation after a collision. If you meet a set of criteria, you can receive a monetary award that can significantly ease the financial aftermath of the crash.
Georgia Statute of Limitations for Motorcycle Accidents
To understand whether you are eligible for compensation following a motorcycle accident in Georgia, we need to first look at the state motor vehicle statute.
The statute of limitations represents a deadline for filing a claim against the at-fault party. In Georgia, traffic accident victims may typically file within two years after the incident. However, this period can be longer or shorter, depending on the specifics of your case. To learn the exact time limit that applies to you, consult a legal expert.
Eligibility Criteria for Compensation
Furthermore, several factors determine whether you are entitled to compensation for your injuries. These conditions include the following:
Riding the Motorcycle
You must have been riding the motorcycle involved in the accident.
Involvement in the Crash
You must have been involved in the accident while acting as a motorcyclist. That means you were at least partially engaged in a task related to operating a motorcycle, such as:
- Cruising
- Driving
- Racing
- Test-driving
If you weren’t riding the bike at the time of an accident, you can’t recover under this section of Georgia law.
Negligence
Traffic accident claims in Georgia operate under a modified comparative fault rule. Therefore, the plaintiff can recover as long as they are deemed less than 50% at fault for the accident. This means that even if you share some of the responsibility for the crash, you might still access financial help.
Establishing Liability in a Motorcycle Crash Case
If you satisfy the above three requirements, you may get compensation. You may want to consult a Macon motorcycle accident lawyer who will work closely with you every step of the way.
Another essential thing to note is that the law requires proof of negligence against the defendant. Your lawyer can help identify the at-fault party and gather evidence that supports your claim.
Furthermore, a plaintiff can establish that the other driver showed plain error. These are errors that a reasonable person would demonstrate in the circumstance. For example, if you are riding at a 40 mph speed limit and a car cuts in front of you and causes you to swerve, that’s likely a plain error on the other driver’s part.
Recovery After a Motorcycle Accident in Georgia
It’s important to note that there is no exact amount of settlement for a motorcycle accident case. This is because every case is unique, with its specific circumstances and extent of damage or injuries.
The value of a Georgia motorcycle accident settlement depends heavily on the following:
The Extent of Economic Damages
Economic damages are the costs of any medical treatment, lost wages, and injury rehabilitation. These damages include the following:
- The value of property damage or personal injuries
- The cost of medical treatment and rehabilitation
- The value of lost wages
- The cost of future medical expenses
- Any decreased economic productivity due to the injuries suffered
The Extent of Non-Economic Damages
Non-economic damages are losses not directly tied to economic damages. These include the following:
- Pain and suffering
- Emotional distress
- Physical impairment
- Loss of enjoyment of life
These non-economic damages can be challenging to quantify, but they can still be valuable. For example, the pain associated with the inability to walk or stand is difficult to measure in dollars, but it is still acceptable to mention in a settlement offer.
The Nature of the Injuries Suffered
Injuries can be much more difficult to quantify than monetary or property damages. If a victim suffers a significant trauma such as a broken bone or brain injury, it’s possible to get the responsible party to pay an extremely high settlement. However, if the claim is based on soft tissue injuries, such as whiplash, it can be harder to get the responsible party to pay.
Any Disability That the Plaintiff May Incur in the Future
Before determining how much your motorcycle accident settlement is worth, it’s essential to evaluate the possibility of future disabilities resulting from injuries suffered. Disabilities can be considerable determinants in a settlement value.
Setting Realistic Expectations
As you can see, many factors come into play when determining how much your motorcycle accident settlement is worth. Motorcycle crashes are one of the most dangerous types of accidents that can happen to you. An attorney with experience dealing with motorcycle cases can help you get fair compensation.
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