Yes, you can sue for wrongful death in motorcycle accidents involving brain injuries. However, you must first establish that the other party’s negligence contributed to or led to the decedent’s brain injury and ultimate demise. Failing to establish this link could keep you from recovering damages in an insurance claim and/or a lawsuit.
A Fort Lauderdale wrongful death lawyer can collect the evidence to prove your right to compensation. They will also identify who has the right to bring the motorcycle brain injury lawsuit and which losses they can recoup for the beneficiaries. While they’re working on your case, we encourage you to take the time to mourn your loss and be with your family.
Proving Your Right to Sue After a Motorcycle Wrongful Death
Negligence is the principal component of all wrongful death cases. No negligence, no case. It’s made up of these four elements.
Duty of Care
The other party was supposed to act with care and your loved one’s safety in mind. Some examples include following traffic laws, keeping their eyes and mind on the road, and appropriately sharing the road with motorcyclists.
Breach of Duty
This party failed to keep the standard of care by driving while distracted, speeding, opening the door without looking, failing to yield, or just having an overall disregard for motorcyclists.
Causation of the Motorcycle Accident
This negligence caused the fatal crash. Your motorcycle accident attorney in Fort Lauderdale will gather evidence to connect the other party’s breach of duty to causing the motorcycle crash, such as:
- Medical records (e.g., an autopsy report)
- The police report
- Accident reconstruction analysis
- Relevant photographs
- Traffic camera footage
- Eyewitness statements
- Expert testimony
If there’s other documentation that you think can help your case, bring it to your lawyer’s attention. Every bit can make a significant difference.
Economic and Noneconomic Damages
As a result of the motorcycle crash, your loved one sustained a brain injury and ultimately lost their life. Now, you and the surviving family members have been left to deal with economic and emotional turmoil. However, you may qualify to sue the other party for these losses.
Understanding Recoverable Damages in a Wrongful Death Claim
The decedent’s beneficiaries—like the surviving spouse, children, or parents—may receive compensation from the wrongful death claim, per Florida Statutes § 768.21. However, only the personal representative of the estate can file this action on behalf of the beneficiaries. The decedent’s will should specify this person (typically the spouse). In any case, one of our attorneys can review the will and identify who can proceed with the lawsuit.
During this time, your attorney also assesses the damages sustained. The nature of the brain injury your late loved one suffered will determine the types and amounts of compensation you could receive. For example, if your loved one died on impact, your total compensation would look different than if they lingered in the hospital for weeks or endured severe cognitive and behavioral symptoms before passing away. Still, you may be eligible to recoup losses for:
- Loss of support and services
- Final medical care costs
- Pain and suffering
- Burial and funeral costs
- Loss of earnings
- Loss of companionship or consortium
Your economic damages, including medical bills, funeral expenses, and lost earnings, are a small part of the total financial recovery. Noneconomic losses, like loss of support, often make up the bulk of it. This tragic loss will affect the rest of your life as you know it, so you should be able to get the help you need to manage it without worrying about your family’s financial health.
How Disputing Liability Can Affect Your Fatal Motorcycle Crash Settlement
Our attorneys will go up against the insurance company and fight for a fair settlement on your behalf. Unfortunately, it’s typical for them to reject our initial request and offer a lower figure.
They could reference Florida Statutes § 768.81—also known as the modified comparative fault statute. Their reason could be that your loved one played a role in the motorcycle crash, and they may claim they were 30% at fault. Therefore, the insurer only owes you 70% of your total monetary recovery.
You can count on our Fort Lauderdale personal injury lawyers to go after the compensation you deserve following your loved one’s motorcycle wrongful death. We will go back and forth with them until we reach a fair settlement. Should we have to go to court, we will, but this route is uncommon for injury cases.
How Long You Have to Sue for Wrongful Death After a Motorcycle Accident
The time to act is now if you’re planning on filing a motorcycle brain injury lawsuit. You must adhere to specific deadlines the state enforces. Florida Statutes § 95.11 affirms that wrongful death claimants usually have up to two years from the day the decedent lost their life to sue the other party. Rare exceptions may apply, though.
Regardless of your timeline, if you try to file past the deadline, the court will likely dismiss your wrongful death claim. That means you’d have to cover the losses related to your loved one’s fatal motorcycle crash. So, inform our team immediately about your situation to avoid this outcome. Not only can we start building your case, but we will also be better equipped to comply with the deadline.
Allow Us to Help You Sue for Wrongful Death in Your Motorcycle Crash Case
If your loved one passed away from a motorcycle accident involving a brain injury, one of our attorneys can help you sue for wrongful death. Our team has 5-star Google reviews and won more than 5,000 cases. We will devote our time to ensure you know all your legal options and understand your situation.
Get in touch with the Law Offices of Wolf & Pravato today to start your free consultation. We are a contingency-based firm, so we only receive payment if you receive compensation.
