What damages can I recover from a motorcycle accident lawsuit? The answer varies widely on a case-by-case basis, but you have the right to be compensated for the full value of your damages. This includes monetary losses, non–economic losses, and sometimes additional punitive damages.
Motorcycle accidents can be devastating, both physically and financially. If you have been involved in a motorcycle accident, it makes sense that you would be wondering what damages you can recover in a motorcycle accident lawsuit.
Below, your Duluth motorcycle accident lawyer discusses the various types of damages that could be recovered in a successful lawsuit.
Types of Damages in a Motorcycle Accident Lawsuit
Economic Damages
Economic damages refer to financial losses that you have incurred as a result of the motorcycle accident. These damages are typically easier to calculate. Some examples of damages you can recover from a motorcycle accident lawsuit could include:
- All medical bills related to the accident, such as hospital stays, surgeries, doctor visits, and medication costs.
- If you have had to miss work due to your injuries, you can recover the wages you would have earned during that time.
- Cost of motorcycle repairs or the fair market value of the motorcycle if it was totaled.
Non-Economic Damages
Non-economic damages are more difficult to quantify. This is because they do not have a specific monetary value. These damages are meant to compensate for the physical and emotional toll of the accident and include:
- The physical pain and discomfort you have experienced as a result of the accident.
- Emotional distress such as anxiety, depression, or post-traumatic stress disorder (PTSD).
- If your injuries have affected your ability to participate in activities you once enjoyed, you may be able to recover damages for the loss of enjoyment of life.
Punitive Damages
Punitive damages are not awarded in all motorcycle accident lawsuits. But they may be available in cases where the at-fault party’s actions were particularly reckless or malicious per Georgia Code § 51-12-5.1.
These damages are meant to punish the at–fault party and deter them from engaging in similar behavior in the future.
Proudly Serving Duluth and All of Georgia Contact us to start your recovery! Explore Our Practice Areas
Factors that Affect the Amount of Damages You Can Recover
Severity of Injuries
The severity of your injuries can play a significant role in determining the amount of damages you can recover from a motorcycle accident lawsuit. Your injuries may be severe and have a long-term impact on your life. If this is the case, you may be able to recover a higher amount of damages.
Cost of Medical Treatment
The cost of your medical treatment will also be a significant factor in determining the amount of damages you can recover. If you have incurred significant medical expenses, you may be entitled to additional compensation. We will also need to take into consideration the future impact of your injuries.
Impact on Your Ability to Work
If your injuries have affected your ability to work, you may be able to recover damages for lost wages and future lost earning capacity. We will also need to take into account your loss of paid time off, sick leave, and other employee benefits.
The more significant the impact on your ability to work, the higher the amount of damages you could recover in your motorcycle accident lawsuit.
Comparative Negligence
In some cases, the court may find that both parties involved in the motorcycle accident were partially at fault. This is known as comparative negligence under Georgia Code § 51-12-33. In these cases, the amount of damages you can recover may be reduced based on your percentage of fault.
How Long It Takes Motorcycle Accident Settlements to Come In
The amount of time it can take to receive a motorcycle accident settlement can vary greatly depending on many factors and circumstances surrounding the case.
These factors include the complexity of the accident, the severity of the injuries sustained by the motorcycle rider, the involvement of multiple parties, and the willingness of the insurance company to negotiate a fair settlement.
In cases where the accident was straightforward and resulted in minor injuries, your Duluth car accident lawyer can move through the settlement process relatively quickly.
You can reach an agreement with the insurance company within a few months. This gives you a chance to receive fair compensation for your medical expenses, property damage, and any other losses incurred as a result of the accident.
In more complex cases, the settlement process can take much longer. For example, if the accident involved a serious motorcycle injury or fatalities, there may be a need for extensive investigation and legal proceedings.
This can significantly prolong the motorcycle accident claims process as both parties gather evidence, depose witnesses, and engage in negotiations.
Accidents Involving Multiple Parties
If the accident involves multiple parties, such as another driver or even the manufacturer of the motorcycle, it can further complicate the settlement process. Each party may have its own insurance company and legal representation. This can lead to additional negotiations and potential delays.
The willingness of the insurance company to negotiate and offer a fair settlement can greatly influence the duration of the settlement process. If the insurer is unwilling to offer a reasonable amount of compensation, it may be necessary for you to file a lawsuit and proceed to trial.
This can further prolong the settlement process as the case goes through the court system, potentially taking months or even years to resolve.
Click to contact our personal injury lawyers today
How a Reputable Motorcycle Accident Lawyer Can Maximize Your Payout
There are numerous reasons why it is crucial to seek the assistance of a respected Duluth personal injury lawyer following an unfortunate incident on the road.
Our firm has extensive experience in motorcycle accidents, so we are fully equipped to handle the complexities and intricacies that arise when dealing with cases similar to yours.
Hiring a legal advocate can significantly increase your chances of receiving the fair and just compensation you deserve for the injuries you sustained and the damages incurred.
Your attorney’s ability to negotiate with the insurance company and our knowledge of the legal system allows us to advocate on your behalf effectively.
Your Duluth catastrophic injury lawyer can help you understand the often confusing and time-consuming legal procedures. We will ensure that your rights are protected throughout the entire process.
You can expect valuable guidance and advice on the best course of action to take. Seeking legal representation can give you the peace of mind and reassurance you need during these difficult times.
When you have a legal advocate fighting for your rights and working tirelessly to secure the compensation you deserve, you can overcome the trauma of the experience, no matter how severe.
Complete a Free Case Evaluation form now
Connect With a Highly Skilled Duluth Motorcycle Accident Attorney for Help Today
If you have been involved in a motorcycle crash, you may be entitled to recover damages from a motorcycle accident lawsuit. These damages can include economic and non–economic damages, as well as punitive damages in some cases.
Consulting with an experienced motorcycle accident lawyer from Slam Dunk Attorney could help you maximize your payout. Fill out our quick contact form or call us to schedule your free, no-obligation consultation today.
Call or text 404-951-3513 or complete a Free Case Evaluation form
