A motorcycle accident is a devastating event. Following the accident, there is chaos to deal with. As a rider, you may wonder how to pick yourself up and move forward from this tragedy. You may be confused about how to navigate the insurance claims process and if insurance would cover your medical expenses. It is not easy to see what lies ahead and what to expect from a claim. Due to this dynamic, you will want to understand the damages you can secure following a motorcycle crash. A Motorcycle lawyer in Atlanta can help you recover all the damages you have suffered by collecting vital evidence and proving the liability of the other party involved.
Major Kinds of Damages in Motorcycle Accident Claims
Although states can differ in the nuances, different categories are often available in motorcycle accident cases. An attorney to help you navigate the claims process and your damages. Such damages are categorized into the following:
- Special damages
- Medical expenses. Motorcycle riders can secure compensation for current and future medical expenses. Pursuing a legal claim usually involves structuring the settlement or award to cover future medical care. A lawyer may have to present certain evidence of your future damages and demonstrate that medical care is related to the motorcycle accident.
- Property damage. A motorcycle accident can lead to significant vehicle damage. Calculating the replacement value can be straightforward, but you need an attorney who can advocate for your interests and protect you from unreasonable estimates.
- Lost wages. While these damages can be easy to calculate, they require meticulous documentation. Sadly, not all injuries related to a motorcycle crash resolve right away and let a victim work again or return to work at the same level. If your injuries diminish your future income, you need strong, expert witnesses and solid evidence to provide your claim with a foundation. Working with an attorney who understands intricate financial projections and capacity losses will give many benefits.
- General damages. These damages are those that do not have a specific dollar value. They involve things such as emotional distress, pain, and suffering. You must offer evidence of these things to secure damages. In Georgia, there is no cap on such damages; however, the judge or jury will base them on the evidence presented to them. Thus, you should work with a lawyer who can create the right story regarding your pain and suffering if you want to secure the best outcome for your accident case.
- Punitive damages. This kind of award is granted to punish the at-fault party for their egregious behavior such as drunk driving, reckless use of phones, and extreme speeding. Such damages are available along with compensatory damages.
Concerns About Comparative Negligence
In a motorcycle case, an insurance provider will raise the issue of comparative negligence in the process. Comparative negligence means attributing blame between the parties involved. For example, if you were riding your motorcycle without a helmet, the jury or judge may find that such behavior must decrease the award amount. Consult with a skilled lawyer about such issues and understand the possible award mitigation. Also, know how to reduce the likelihood of the other driver making an argument to reduce your award. One good example is not posting anything about your case on social media.
Motorcycle accident lawsuits can quickly become hard to navigate. The problems mentioned above are just a part of the jury process. Your claim journey is complex and can overwhelm you while you deal with financial, mental, and physical turmoil. Consulting with a reliable motorcycle accident attorney in Atlanta can ease the burden you may be carrying.
Lynn Martelli is an editor at Readability. She received her MFA in Creative Writing from Antioch University and has worked as an editor for over 10 years. Lynn has edited a wide variety of books, including fiction, non-fiction, memoirs, and more. In her free time, Lynn enjoys reading, writing, and spending time with her family and friends.
