Atlanta Motorcycle Accident Wrongful Death Attorney

Settling vs. Going to Trial: What Families Should Know

After filing a wrongful death claim, families often wonder whether they should settle or go to trial. Both paths have important implications, and our role is to guide you toward the best decision based on your unique situation.

When a Settlement Might Be the Best Option:

• Faster Resolution: Settlements can resolve cases much more quickly than trials, allowing families to find closure sooner.
• Privacy: Settlements are private agreements, sparing families from public court proceedings.
• Reduced Emotional Strain: Trials can be emotionally taxing; settlements avoid putting families through extended litigation.
• Guaranteed Outcome: A settlement ensures you receive compensation, whereas trials come with uncertainties.

When Going to Trial May Be Necessary:

• Insurance Companies Offer Lowball Settlements: If the defense refuses to offer fair compensation, a trial may be necessary.
• Gross Negligence Needs Public Accountability: Some families choose trial to hold negligent parties publicly accountable.
• Disputed Liability: If the other side disputes responsibility for your child’s death, a trial allows evidence and witnesses to be presented before a judge or jury.

Our Atlanta wrongful death attorneys will always prioritize what’s best for your family by negotiating fiercely when possible, but ready to fight in court when justice demands it.

Compensation Available for Motorcycle Accident Wrongful Deaths Under Georgia Law

While no financial award can restore your loved one, restitution under Georgia law mitigates economic hardship and acknowledges the profound personal toll of your loss. Comprehensive recovery addresses both tangible and intangible damages, ensuring your family’s stability. The following categories are available:

• Funeral and Burial Expenses: Costs for services, caskets, cremation, or memorials can be substantial. These expenses are compensable, sparing families additional strain during their time of grief. Your attorney compiles detailed invoices to secure full reimbursement.
• Medical Expenses Incurred Prior to Death: If your loved one received emergency care post-accident such as trauma surgery or intensive care, these costs are recoverable under Georgia Code § 51-4-5. Your counsel verifies charges against medical records for accuracy.
• Loss of Earnings and Economic Support: Your loved one’s income, benefits, or household contributions underpinned your family’s security. Compensation covers immediate lost wages and projected lifetime earnings, calculated with economic experts to account for career progression and inflation.
• Loss of Consortium and Companionship: The emotional void left by a spouse, parent, or child is profound. Damages for loss of consortium reflect the absence of love, guidance, and shared moments, substantiated through family testimonies and personal records to convey the relational impact.
• Emotional Distress and Suffering: Grief, trauma, and diminished quality of life constitute significant injuries. Your attorney leverages psychological evaluations or personal accounts to quantify this suffering, ensuring the court recognizes your emotional burden.
• Punitive Damages for Egregious Conduct: In cases of extreme negligence, such as DUI or intentional recklessness, punitive damages may be pursued under Georgia Code § 51-12-5.1 to penalize and deter. Your counsel proves willful misconduct to justify these awards.

Your legal team employs forensic evidence, expert testimony, and compelling narratives to counter insurer efforts to undervalue your claim, securing the full spectrum of restitution owed. Get in touch with our motorcycle accident wrongful death lawyers. 

Statutory Limitations for Filing in Georgia

Georgia law imposes strict deadlines for initiating a motorcycle accident wrongful death claim, necessitating proactive measures to preserve your legal remedies. Understanding these constraints is critical:

• Two-Year Limitation Period: Claims must be filed within two years from the date of death, per Georgia Code § 9-3-33. For a fatality on June 1, 2025, the deadline is June 1, 2027, with few exceptions.
• Commencement from Date of Death: The limitation period begins at the moment of passing, not the accident itself, ensuring clarity but demanding swift action.
• Exceptions to the Standard Period: Tolling may occur if the claimant is a minor or if the defendant conceals liability, though such cases are rare. Your attorney evaluates potential extensions meticulously.
• Preservation of Evidence Through Prompt Action: Delays risk losing critical evidence like traffic footage or witness clarity. Early filing ensures robust documentation, strengthening your case.

Failure to meet these deadlines extinguishes your claim. Our attorneys coordinate rapid evidence collection to file within the permissible window, safeguarding your pursuit of justice.