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Motorcycles are a fun and practical means of transportation. Sadly, 6,084 motorcyclists were killed in crashes in 2021, according to the Insurance Institute for Highway Safety.
Whenever someone has been injured in a motorcycle accident that was caused by someone else, that victim may have the option to sue the at-fault driver for damages. Marietta motorcycle accident attorneys help victims file personal injury claims to seek compensation for their injuries, lost wages, pain and suffering, and property damages.
The best way to learn about your legal options for compensation is to discuss your situation with an experienced motorcycle accident lawyer.
The most common accident between a car and a motorcycle happens at intersections when the vehicle turns left across the path of the bike. The motorcyclist may try to swerve to avoid a collision, but this could force them into other traffic or off the roadway, causing another accident.
It is also possible that they will not be able to avoid the accident at all. Motorcycles are more difficult to see than other motor vehicles, and sometimes drivers simply forget to look for them, especially when they are watching other traffic.
Hazardous conditions for motorcyclists especially exist at busy intersections where cars are waiting for a break in traffic so that they can make a left turn. Drivers can become so focused on watching the cars and trucks that motorcycles are completely unseen until it is too late and a collision has occurred.
Motorcyclists must be extra vigilant when approaching intersections to avoid potential collisions. As the more vulnerable vehicle, the motorcyclist often takes accident prevention more seriously. The following safety measures can help save lives:
The nature of the accident, who was at fault, and the severity of your injuries will determine the amount you can sue for after a motorcycle accident. If the accident was caused by someone else, you can seek compensation for damages you received as a direct result of the crash.
The most considerable amount typically comes from compensation for medical expenses since injuries to motorcyclists are usually severe. How much you can receive depends on the following factors:
You will be fully compensated for all accumulated medical bills along with future medical expenses that you may receive to treat any accident-related injuries. The cost of medicines that your doctors prescribe for you because of your accident will also be reimbursed as a part of your medical expenses.
This amount includes the cost of medication you will be required to take long-term as long as it directly results from the accident.
The time you spend unable to work while recovering from your injuries is time that you are not earning your regular income. You may be using up your allotted sick time or disability, but these often pay a reduced rate and might not last long enough for your recovery.
You may lose your job entirely. You should be compensated for these financial losses.
If you have to return to work at a reduced capacity due to your injuries caused by the accident, you can claim your loss of potential future earnings.
Depending on the nature of your injuries, there is a strong possibility that you will require some type of rehabilitation. Physical therapy, chiropractic care, pain management, and psychotherapy are some examples of rehabilitation.
Also known as non-economic damages, all pain and even emotional damage will receive a value for your compensation. For example, common injuries such as road rash and burns are excruciating and often leave noticeable scars or disfigurement that may humiliate the victim.
Your motorcycle, accessories, gear, and whatever else you had with you that was damaged during the accident will be added up for the cost of repair, replacement, or any reduction in value.
The people injured in a motorcycle accident have the right to seek compensation from whoever was responsible for the crash. According to Georgia Code 9-3-33, the statute of limitations for filing a personal injury lawsuit is two years.
The case may not be settled within those two years, but the official filing date must be within that time frame.
When someone dies due to a motorcycle accident, a family member or representative may file a lawsuit for wrongful death against the driver at fault for the accident. The claim must be filed within two years of the victim’s death, which may differ from the date of the accident.
If the case also has an ongoing criminal trial, the two-year statute of limitations may be paused until the case has closed, but the time limit cannot go over six years.
A wrongful death occurs when the victim could have collected compensation for damages caused by the accident if the victim had not passed away. Therefore, a wrongful death lawsuit can be filed against the party whose negligent or intentional actions caused the crash that claimed the victim’s life.
If the victim had survived the accident and been able to file a personal injury lawsuit, a wrongful death claim is warranted.
The deceased’s family typically seeks compensation on the victim’s behalf. The spouse and children have the right to file first if the deceased had a spouse or children.
If not, the parents would be able to file the claim. Otherwise, a representative of the victim’s estate may file the claim, and all proceeds would be put into the deceased’s estate on behalf of the next of kin.
There is a limit to how long someone has to file a claim. This limit is called a statute of limitations and is a set law.
The statute of limitations for a wrongful death lawsuit in Georgia is two years from the date of the death. Once this time has passed, a case can no longer be filed.
Please remember that it takes time to properly prepare a claim or lawsuit before it is ready to be filed.
The deceased motorcyclist’s family is the plaintiff in a wrongful death lawsuit. If successful, the court will order the defendant to pay the plaintiff’s claimed damages.
The determination of the value of the award for damages potentially includes the following factors:
According to Lincoln Heritage Funeral Advantage, the average cost for a funeral in Georgia is $4,200 and varies depending on the city, elected services, and service provider. Motorcycle accidents are unplanned events that can leave families unable to pay for funeral arrangements.
Many motorcyclists ride far from home. The cost to bring them home varies wildly depending upon the following criteria:
Some riders travel around their hometown, while others take epic road trips. It is possible that the accident occurred on a rented motorcycle while the rider was on vacation on the other side of the world.
According to Funeral Wise, the average cost to ship a body by land within the United States is between $1 and $4 per mile.
Funeral homes typically handle the shipping and receiving arrangements on behalf of the family for a fee. This cost can start at $500 and go up to $5000 or more.
Air travel will cost more than ground transportation, but it is the most practical way to bring someone home from overseas. It is also the fastest method of transportation.
The cost of an international flight for human remains can exceed $10,000.
There is also an expense for the container that the body will travel in. Larger individuals will require a more sizable container for a more significant fee.
Direct burials without the coat of a funeral added range between around $2,250 – $4,500. Cremation ranges from $800 – $3,750.
The cost for each method fluctuates depending on location and the type of coffin or urn chosen.
Motorcycle accidents are horrific, but with advancements in safety gear and the rider’s skill, many motorcyclists survive the initial crash. Unfortunately, some riders still succumb to injuries and die in the hospital.
Any treatment they received before their death, including transportation to the hospital, will be charged to their estate. While families are not responsible for paying these expenses, medical bills are expensive and would take a large portion, if not all, of the deceased’s estate.
Some families could be left with nothing, especially if assets were only in the deceased’s name.
The income the deceased would have earned if the accident had not happened is also calculated in a claim for damages. This amount is significant to families who depend on the victim as the household’s primary income source.
The Marietta motorcycle accident lawyer will work with an economist to determine a true and fair amount.
The family can also receive financial compensation for any pain the victim experienced from the accident until death. Some deaths happen instantly while other riders experience extreme pain from their injuries, and they may have suffered for a long time before help arrived or if they were trapped somewhere.
A caregiver is someone responsible for providing care for a child, senior, or disabled person at least 50% of the time. The loss of this service should be compensated.
Family members are owed compensation for the loss of their loved one. Non-economic damages are for the loss of the individual.
For example, a child who lost a parent also loses a guide, counselor, and comforter. A spouse is losing a companion, support, and consortium.
They are losing future memories and will suffer emotionally for the rest of their lives.
The attorneys at The CEO Lawyer Personal Injury Law Firm understand how difficult it is to recover from a motorcycle accident. If you have been injured, call (833) 254-2923 today for a free consultation to discuss your case.
If your loved one was tragically killed in a motorcycle accident, we are so sorry for your loss, and we are here to help. We will take care of your case and ensure your family receives the best possible outcome.
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After a personal injury, you're bound to have legal questions. The CEO Lawyer Ali Awad can provide you with answers to these questions, just as he's given answers to his millions of curious social media followers. Take a look at some of the most common personal injury law questions for general information, and then reach out to one of our seasoned attorneys for specific guidance on your case!
To quickly resolve matters following an accident, insurance companies will offer you less than you deserve in compensation for your injuries. Many victims feel pressured to accept these offers as the bills begin to pile up, but that is rarely a good idea. The insurance company is looking to protect its bottom line; and will offer injured victims less than they deserve. An experienced personal injury attorney understands how to negotiate with the insurance company and can look out for your best interests by getting you the compensation you deserve after an injury. If you or a loved one has been injured in an accident, it is important to avoid negotiating or providing recorded statements to the insurance company without first seeking help from a qualified personal injury attorney.
The best way to determine if you have a personal injury case is to speak with a knowledgeable attorney. Our legal professionals have the expertise to evaluate your case and determine a strong legal strategy so that you can obtain the greatest amount of compensation possible under the law. We will enlist investigators, assistants, and other specialists to collect accident reports, speak with witnesses to your accident, and put together a plan. While you focus on your physical recovery, we will remain committed to fighting for the compensation that you deserve.
Accident victims have a limited time to file a personal injury lawsuit. This time period is referred to as the statute of limitations, and in Atlanta, it lasts only two years. This means that if you or a loved one has been injured in an accident, you have only two years to pursue a personal injury suit. If you wait too long to reach out to an experienced attorney, you might be forever barred from seeking the compensation you deserve.
During your initial consultation with CEO Lawyer team, we will go over the important details of your personal injury accident, which include the nature and extent of your injuries, how your injuries have impacted your ability to earn a paycheck, the cost of your medical treatment, and whether further medical treatment will be required. We will answer any questions you might have, as well, in regards to our experience, our track record of success, and what to expect from the legal process. Many personal injury victims wonder if they will be able to afford the legal fees required to pursue a lawsuit. CEO Lawyer injury and accident attorneys will not ask for any type of upfront fee unless we are successful in obtaining compensation for you. That means that if you have been harmed in a motor vehicle accident, slip and fall accident, defective product accident, or any other type of personal injury accident, you can absolutely afford to contact our law office today for assistance. In fact, you cannot afford to wait. Reach out today. We understand that some accident victims might have already obtained the assistance of an attorney but may be dissatisfied with the services provided. We are standing by and prepared to help you change legal representation, regardless of where you are in the process.
If you or a loved one has been injured in any type of personal injury accident, you should not hesitate to speak with the experienced attorneys at CEO Lawyer personal injury law firm. Call, email, or fill out our online contact form today so that we can begin helping you pursue the compensation you deserve.