A motorcycle crash can leave you with permanent injuries that forever alter your life. Even without such serious injuries, you could still face time in the hospital, time away from work, and the expensive results of these interferences with your life.
For help getting the compensation you deserve, consider working with our attorneys. We can represent you against insurance companies and at-fault drivers, fighting to get compensation for the injuries and other damages you faced. Especially if you have serious injuries, you should never trust that the insurance company is on your side or has valued your claim appropriately.
For a free case evaluation, call (844) 876-4357 to speak with Howe Law’s Atlanta accident attorneys.
How Motorcycle Accident Cases Work in Buford, GA
When you get hurt in a motorcycle accident, you will usually seek compensation for the accident from the party that caused the crash. This is almost always going to be another driver, but some crashes are caused by auto defects, problems with the roadway, or (in cases filed by injured passengers) the operator of the bike you were riding on.
A “case” can consist of a few different claims and filings. First, you will usually try to pursue damages through an insurance claim. All drivers are required to have insurance in Georgia, and filing with their insurance might be quicker than taking a case through the courts. However, if the insurance company refuses to cover the accident at its full value, you should not accept their payment and instead consider taking the case to court.
If you file a lawsuit in court, your case will proceed through various processes, including pretrial motions, conferences, negotiations, and evidence exchange through a process called “discovery.” This is also when depositions will be taken, with witnesses essentially testifying in a conference room at a law firm instead of in court.
Once all of the info and evidence comes out through discovery, most cases are ready to settle. At this point, the defense will have a better idea of how strong your case is and know that going to trial will result in a loss.
If they still will not settle for a fair value, then we can take the case to trial. There, a jury (or a judge in a “bench trial”) will hear evidence and witness testimony and make the decision on who was at fault and how much the case is worth. This will all be based, of course, on the arguments our motorcycle accident lawyers present about who was at fault, along with the calculations we present for your damages.
What Do You Need to Win a Motorcycle Accident Case in Buford, GA?
For a plaintiff – the injured victim – to win a lawsuit against the defendant – typically the at-fault driver – the plaintiff needs to present evidence and arguments that convince the jury “by a preponderance of the evidence.” This requirement is known as the “burden of proof and production,” in that the plaintiff is the one responsible for proving the case and providing the evidence to support their claim.
Preponderance of the Evidence Standard
This standard is the one used in most civil injury cases. The phrasing might be complex, but it basically means that you need to prove your claim is more likely than not to be true. If you can get the jury just ever so slightly on your side as opposed to the defense’s side, that should meet this burden of proof.
You might be familiar with the phrase “beyond a reasonable doubt,” which is the standard used in criminal cases. The “preponderance of the evidence” burden in civil cases is a much lower standard, making it friendlier to plaintiffs than the criminal “beyond a reasonable doubt” standard is to prosecutors.
Evidence Needed
Your burden of proof can only be met by producing evidence of what happened so that the jury has something to base their decision on. You will be able to testify about what happened, and you can also put other eyewitnesses on the stand. “Expert witnesses” can also testify to scientific and technological issues, such as accident reconstruction science, even if they were not eyewitnesses.
You also need evidence of the damages you faced, such as medical records, hospital bills, pay stubs, financial records, and other evidence of how much the accident cost you. Some damages are not tangible, financial damages, and these damages instead rely on testimony about your life before and after the accident. This is how you prove things like mental anguish, emotional distress, and pain and suffering.
How Our Motorcycle Accident Injury Attorneys Can Help
Our attorneys can help you at every stage of the case, protecting your claim and strengthening it , all with the goal of maximizing the payout you get at the end of your case.
Evidence Gathering
Our lawyers know where to look for evidence that might not be obvious. First, you can collect pictures and statements at the scene of the accident, but we will also help look into whether security cameras caught the accident or whether the police report reveals other witnesses you might have missed.
Case Building
We can analyze the facts of what happened to you and build a strong theory of the case to help strengthen your story. A solid legal case takes more than just good facts – and many cases do not have the clearest or most helpful facts to begin with. We will focus on building a case that can get the jury on your side.
Calculating Damages and Reviewing Settlement Offers
Without legal experience, it is difficult to know whether the settlement the insurance company offers you is enough. Most settlements are too low to cover your needs and merely have the goal of ending the case prematurely. Our lawyers can calculate your damages on our own and help you decide whether to accept or reject a settlement offer. We can also negotiate to get a better offer.
Contact Our Motorcycle Accident Attorneys in Buford, GA Today
Call (844) 876-4357 today for a free case review with Howe Law’s motorcycle accident attorneys.
