Common questions about personal injury claims

Two-wheeled vehicle accidents in Georgia, most of which involve motorcycles, aren't the same as ordinary car accidents when it comes to making claims. The personal injury aspects of these cases are usually devastating to the rider, and a motorcycle accident lawyer is an important ally for anyone injured in such an accident. How Two-Wheeled Accidents Differ From Regular Car Accident Personal Injury Claims Extreme Injuries A passenger car surrounds its occupants with a steel frame that has crumple zones, and it comes with seat belts and airbags that absorb and redirect the force of a crash. A motorcycle, trike, or similar two-wheeled vehicle has none of those barriers, so even a collision that would produce only bruising or whiplash inside a car routinely produces much more serious injuries in riders. The resulting medical bills, the long rehabilitation period (during which it's often impossible to work), and the lost earning capacity from long-term physical disability are typically larger, and the damages claimed for pain, suffering, and future care are correspondingly higher than with regular car accidents. Differences in Insurance Georgia treats motorcycles as motor vehicles for purposes of liability insurance, and the statutory minimums are identical to those required for cars. Motorcycle policies, however, frequently don't include medical payments or personal injury protection endorsements that some automobile policies carry, so it's common for an injured rider to be more dependent on their own health insurance or on the at-fault driver's liability insurance. Those liability limits are often exhausted quickly because the injuries and bills are so much more costly. Differences in Fault Technically speaking, fault is assigned in these accidents under the same modified comparative-negligence statute that governs every motor-vehicle collision in the state. If you're 50% or more at fault, you can't claim anything. If you're less than 50% at fault, your final award is reduced by the same percentage as your degree of fault. In practice, however, this rule often ends up being more harshly applied to two-wheeled vehicle riders because insurance adjusters and jurors often have an assumption that motorcyclists are reckless and must have been speeding, weaving, or otherwise riding dangerously. Overcoming this requires more extensive evidence and the help of an experienced lawyer. Insurer Resistance Because claims are often so high in these accidents and because of the bias against motorcyclists, it's common for insurers to fight back hard in these cases. The insurance company will be very aware of the time limits involved and will likely seek to push them to the limit in the hopes that you will miss the filing deadline. You have two years after an accident to bring a lawsuit, and if you miss this window, you can't then bring a lawsuit, no matter how strong the evidence or serious your injuries. Talk to a Motorcycle Accident Lawyer If you've been injured in an accident, don't try to take on the insurance company on your own. Call Davis, Chapman, & Wilder in Augusta, GA at 706-200-1578 today to request a consultation.

Here in Georgia, couples who want to divorce can get a mediation lawyer and go through a more amicable process than taking things all the way to trial in the Augusta, GA courts. You're allowed under the law to resolve every disputed issue in a divorce without a trial, and most cases do actually end that way. When a Trial Is Required A trial is required only if there are issues that remain contested when the case is called before the court. The judge may refer all contested divorce petitions for divorce or permanent alimony to an appropriate alternative dispute resolution (ADR) method before holding the trial if the trial is held in a county where there's a court-annexed ADR program already in place. In counties where there aren't, the judge may still refer a disputed case if a method is reasonably available and wouldn't add a lot of cost. When There's Perfect Agreement For some couples, the right move forward is an uncontested filing. This is where the spouses already agree on how to divide their property and debts, what alimony there will be, custody and parenting time issues, and all issues of child support. The couple will still need to submit a written settlement agreement for the court to review and incorporate into the decree, and the court will still need to find that the agreement is fair, particularly in the issues of property division, alimony, and child support. Even if you and your spouse believe you agree completely, it's important to talk with a lawyer who can help you work through your agreement and ensure the court will find it appropriate. When There's Room for Compromise Even if you and your spouse don't yet perfectly agree, if your attitude is positive towards compromise and cooperation, you can still get things done through negotiations and mediation. In fact, the courts will encourage you to keep trying this, and you can convert a contested case into an uncontested one at any point before trial. Mediation In mediation, a neutral facilitator helps the parties reach a voluntary agreement. The mediator has no power to impose terms, and the settlement itself is voluntary. If you engage in a few good-faith sessions but can't produce an agreement, the petition will go to trial. Collaborative Divorce This is a private process in which both spouses and their individual legal counsel commit to settling outside court by signing what's known as a Participation Agreement. The parties also all agree that, if the process fails, the lawyers will withdraw so new counsel can litigate the case in court. This process typically takes three to six months, and it can't be stopped except by actually breaking the agreement entirely. It's important to understand that the Settlement Agreement as a binding contract once it is incorporated into the divorce decree. Contact a Mediation Lawyer in Augusta, GA If you're interested in a divorce that is less contentious, cheaper, and faster, mediation or another ADR method could be the answer. To find out if this is a good fit for your case, talk to Davis, Chapman, & Wilder today to request a consultation.

do the same for this blog: After an accident leaves you hurt, figuring out what money you can recover can be a pressing issue as those medical bills pile up and you're forced to take time away from work. Talk with a personal injury attorney in Georgia. We can review those details, build the claim for you, and work to get you everything you're entitled to under the law. One of the key jobs of your lawyer is to help you determine how much compensation you need to be asking for. How a Personal Injury Attorney in Georgia Determines Your Compensation Demand Actual Costs The first step is calculating all costs you have already paid and the ones you know are still coming. Medical bills form a large part of this, and you should get your bills and every record from the emergency visit, hospital stay, follow-up appointments, physical therapy, prescriptions, and any projected future care your doctors expect. The next costs your lawyer will look at will be what you've lost in wages or salary as you've been recovering. You'll need to be able to document the pay you missed, of course, and bear in mind that your compensation here should include overtime, bonuses, or benefits you've missed out on. If you now have a reduced ability to earn the same income going forward, you can claim for this, too. The final “actual cost” is usually property damage, often to a vehicle or a mobile phone or computer damaged in an accident. These are all economic losses that can be proven with paper and numbers. Pain and Suffering Non-economic losses, often called “pain-and-suffering damages,” cover the pain, physical discomfort, and emotional strain you've experienced, and these do not come with a receipt. Georgia leaves the value of these to the “enlightened conscience of impartial jurors” when a case reaches trial. In settlement talks, the parties often start with a multiplier applied to the total of your actual costs or a daily rate applied to the entire period of suffering, based on how severe and lasting the injuries are. These can be tricky to calculate, so having a lawyer is extremely helpful here. Comparative Negligence If you share some responsibility for the accident, Georgia law mandates that your claim be reduced by your percentage of fault. You can't recover anything if your share of the blame is 50% or more. Your lawyer will make sure you're not saddled with blame you don't deserve, work to prove the liability of the responsible party, and minimize the effect of your actual liability as much as possible under the law. If you have been injured in an accident and need to understand what compensation is available or how to properly calculate what you're owed, contact us at the law office of Davis, Chapman, & Wilder in Augusta, GA to request a consultation. Our goal is to provide consistent and exemplary representation to each client because we understand that you're coming to us in a time of great personal distress. Call now at 706-200-1578 for help.