Nothing can fully atone for the loss of a loved one, but you can seek damages for its financial impact. If your family lost a loved one in a motorcycle accident, you can seek compensation from the at-fault person or entity. To sue for damages, you must prove your loved one’s passing resulted from negligence. A lawyer can help you meet these legal parameters.
motorcycle accident lawyers understand the legal and emotional challenges of wrongful death claims, so they can take on your case for you. Learn more about when you can sue for wrongful death in a motorcycle accident claim with a free review with a personal injury law firm in your area and start fighting for the compensation you and your family are entitled to recover.
Whom Can You Sue for Wrongful Death in Motorcycle Crash?
In a collision between a motorcycle and a negligent driver, you (or your wrongful death attorney, if you have one) can file an insurance claim against the negligent driver. Other potentially liable parties can include:
- The car or motorcycle maker for a manufacturing flaw or defect
- A government agency, if faulty roads or traffic signs caused confusion
- A third party, like a pedestrian or other motorcyclist who contributed to the crash
A detailed investigation will identify the at-fault party by proving the following legal elements of negligence:
- Duty of care: The at-fault party owed you a duty of care.
- Breach of duty: The at-fault party breached their legal duty.
- Causation: Their breach directly caused the accident.
- Damages: The accident had financial consequences.
You can prove these elements with a comprehensive evidence collection that substantiates your right to financial compensation. A personal injury lawyer can build your case file so your family can focus on caring for each other.
What Evidence Do You Need to Support Your Wrongful Death Claim?
The evidence your claim requires could vary based on the cause of the accident and its contributing factors. Your case file can include:
- Police and paramedic reports that describe the accident scene and the decedent’s condition at the scene
- Medical records and bills describing the decedent’s injuries and identifying the accident as their cause
- Eyewitness statements describing the accident in detail and from varying points of view
- Expert witness statements analyzing and evaluating the accident scene and its sequence of events
- Traffic and dashcam footage capturing the accident and surrounding area from varying angels
- Vehicle and motorcycle inspections identifying any mechanical issues that may have led to the crash
If you have a wrongful death lawyer, they will handle evidence collection for you. They will also sort and organize your case file and present it to the at-fault party and their insurance provider.
What Compensation Can You Recover in a Motorcycle Wrongful Death Claim?
While a settlement cannot bring your loved one back, your family can pursue compensation for the financial toll of your loss. The types of wrongful death damages you may recover include:
- Survival damages: Compensation the deceased person could have recovered had they survived to file a personal injury claim, including medical expenses and property damage
- Funeral expenses: Services, burial, cremation, urn, coffin, and other expenses related to the decedent’s final arrangements
- Loss of financial support: Lost wages from all income sources, including loss of benefits and inheritance
- Non-economic damages: Loss of companionship, consortium, household services, and other contributions to your family
Collect documents like your loved one’s tax records, employment records, motorcycle purchase records, etc. These will support your compensation request and can help you maximize your financial recovery.
According to Florida Statutes § 768.21, the decedent’s personal representative (estate executor) can file a claim on behalf of beneficiaries, such as the spouse, children, and parents.
What Is The Wrongful Death Statute of Limitations in Florida?
Your family deserves time to cope with the unexpected passing of a loved one. However, the state limits how much time you have to take legal action. In general, you have two years to file your wrongful death lawsuit, according to Florida Statutes § 95.11.
If you are suing a government or municipal agency, you generally have six months to notify them in writing, according to Florida Statutes § 768.28(6)(a)(1). Failure to meet the filing deadline could jeopardize your right to compensation. Consider letting a motorcycle accident attorney handle it for you. If given adequate notice, they can file your lawsuit within the allotted time.
Do You Need a Lawyer to Get Motorcycle Death Compensation?
You can file a wrongful death action without a lawyer, but having one can greatly benefit your case. A personal injury attorney who is familiar with the insurance claims process can:
- Deal with all aspects of your claim
- Complete and submit claim forms
- Speak to the insurance adjuster on your behalf
- Locate and interview witnesses
- Search for photos and video footage
An experienced attorney can also provide you with information, updates, and advice. The final decision to accept or reject each monetary offer is yours to make. However, a lawyer can guide you toward a well-informed decision.
How Much Does it Cost to Hire a Motorcycle Accident Attorney?
Personal injury law firms typically accept wrongful death motorcycle accident cases on a contingency fee basis. Rather than add to your family’s financial burden, they will accept your case without asking for a retainer or upfront expenses.
They will cover all the costs of your case and only get compensation when you do. If your family does not receive a settlement or verdict, you will not owe any legal fees.
Call (954) 633-8270 for Help With Your Wrongful Death Claim
Losing a loved one can leave your family reeling and unsure of your next steps. Our client-focused law firm will investigate your accident, identify the negligent party, and clarify when you can sue for wrongful death in a motorcycle crash claim.
Find out how hard our entire team will fight for your family throughout the legal process. Get your free consultation with a team member at the Law Offices of Wolf & Pravato today.
