No, you do not have to go to court for a motorcycle accident. Typically, you only file a lawsuit if the liable insurance company does not pay the cost of your injury-related expenses. Otherwise, if the insurance company agrees to cover the cost of your injuries, then you would not need to go to court.
Even though you may want to resolve your case as soon as possible, be wary about accepting settlement offers. Accepting a settlement ends your case. If you incur additional expenses, the insurance company will not be responsible for these losses. You would have to shoulder these costs by yourself.
Explaining the Claims Process
Whether you are in the middle of negotiating a settlement or just starting the claims process, it may help to understand how the financial recovery process works.
Your Case Starts with an Insurance Claim
After your motorcycle accident, you will likely start the financial recovery process by filing a claim with the liable insurance company. Georgia is a modified comparative negligence state. This means that if another party was 50% or more responsible for your accident, their insurance company would pay for your losses.
You will notify the liable insurance company of the accident, the cost of your damages, and the severity of your injuries through a demand letter. In an ideal situation, the insurance company would pay you what you are owed.
You May Continue Negotiating
However, if the insurance company does not agree to pay the cost of your damages, then you may continue negotiating. This could take some time––especially if you are still incurring medical bills and other related expenses. While you are in the negotiation process, the insurance company may use “bad faith” insurance practices to impede your claim’s progression.
These tactics could include:
- Failing to answer your messages or phone calls
- Pressuring you into taking a low settlement offer
- Denying the coverage to which you are entitled
If you cannot recover the money you need to pay for the cost of your damages, to resolve your case, you may need to go to court for a motorcycle accident.
You May Want to File a Motorcycle Accident Lawsuit
Before we explain the litigation process, know that Georgia gives you two years to file a personal injury lawsuit under O.C.G.A. § 9-3-33. Failing to file your lawsuit within this deadline could mean a multitude of things. Namely, if you fail to adhere to this deadline, you could limit your financial recovery options.
The other party may not be liable for your damages beyond the two-year period, so filing your lawsuit in a timely manner may be in your best interest.
If your case makes it to court, you will be responsible for:
- Managing your lawsuit’s paperwork
- Taking witness statements
- Exchanging evidence with the other party’s legal team
- Presenting your case in civil court
- Adhering to various filing deadlines and regulations
- Understanding the cost of your damages
Pursuing compensation after a motorcycle accident in Atlanta may be difficult to do by yourself. You may wonder how a lawyer in this situation could help you.
For a free legal consultation, call (404) 888-8888
Motorcycle Accidents FAQs
What Types of Damages Can I Seek in an Atlanta Motorcycle Accident Claim?How Do I File a Motorcycle Accident Claim in Decatur?What Are the Helmet Laws for Motorcyclists in Decatur?Do I Need a Motorcycle Accident Lawyer?What Are the First Steps to Take After a Motorcycle Accident in Smyrna?How Do I File a Motorcycle Accident Claim in Atlanta?Hire a Motorcycle Accident Lawyer After an Accident
By hiring a lawyer, you can have someone else manage the financial recovery process for you. Your lawyer can file your insurance claim, negotiate a settlement, and file a lawsuit on your behalf if necessary.
They can also:
Calculate the Cost of Your Accident-Related Expenses
Following a motorcycle accident, you may have many different types of damages but not know what they are worth.
Your lawyer can fight to have you compensated for the following economic and non-economic damages:
- Healthcare expenses
- Pain and suffering
- Lost wages
- Loss of future earning capacity
- Property damage expenses
- Disability
- Disfigurement
You might be interested in filing a wrongful death claim if you lost a loved one in a motorcycle accident. Some recoverable damages in your case can include funeral costs, your loved one’s medical bills, and loss of consortium. By calculating the cost of your damages, an Atlanta motorcycle accident attorney can help you seek fair compensation.
Determining Fault for Your Accident
After filing your claim, the liable insurance company may say that your negligence caused the accident, and therefore, you are not entitled to financial recovery. To prove that you were the injured party, your lawyer can review traffic camera footage, the police report, and photos of the accident scene. They may also be able to interview witnesses to supplement your case.
Call Bader Scott Injury Lawyers for Help with Your Motorcycle Accident Case
In short, you do not have to go to court for a motorcycle accident. However, this does not mean that the financial recovery process is easy. Throughout the duration of your case, you may experience issues getting fair compensation.
This is where Bader Scott Injury Lawyers, a law firm in Georgia, can help you. To learn more about how we help our clients, dial (404) 888-8888.
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