Motorcycle Accident Wrongful Death Claims: Seeking Justice for Loved Ones in Florida
Losing a loved one is always a difficult and emotionally challenging experience. When your loss is sudden and unexpectedly caused by a motorcycle accident, it can be even more challenging. It can also be difficult to know how to get justice for your family and the myriad of losses you have to deal with. This is where a wrongful death lawyer comes in.
A lawyer understands the steps involved in building wrongful death claims in motorcycle accidents and seeking justice for loved ones in Florida. If a lawyer represents you, they will explain state law and how it allows you to hold a negligent driver financially liable for your accident. They can also explain your recoverable damages and negotiate with the insurance company for you.
Seeking Justice Through Compensation After a Florida Motorcycle Accident Wrongful Death
While nothing can atone for the loss of your loved one, a wrongful death lawsuit can help your family recoup many of the expenses you incur in the accident’s aftermath. It can also help you recover many other damages. According to Florida Statutes § 768.21, they can include the following:
- Current and future loss of support and services
- Loss of companionship
- Mental and emotional pain and suffering
- The decedent’s accident-related medical expenses
- The decedent’s funeral expenses and burial expenses
- Loss of the decedent’s income, including benefits
Your lawyer will explain additional damages specific family members can recover, including parental companionship, instruction, and guidance for surviving children. Your legal team will carefully detail your recoverable damages and avoid having your claim undervalued or underpaid.
How the Statute of Limitations Affects Florida Motorcycle Fatality Claims
Your family will need time to cope with your loss and start making legal decisions. The lawyer who handles your case will file your lawsuit within the required time. They take this important step to help you avoid the costly consequences of filing your lawsuit too late.
The wrongful death statute of limitations is generally two years, according to Florida Statutes § 95.11(4)(d), though many circumstances can alter the filing deadline. Your lawyer will explain them and determine the appropriate date. They will also continue to negotiate a financial settlement on your behalf since most cases like yours are resolved this way.
Know Which Loved Ones Can File Wrongful Death Claims in Florida
While your family will benefit from the financial recovery of a wrongful death claim, your representative must actually file it on your behalf. In addition, while the loss of a loved one will affect every family member and friend, Florida law limits the surviving family members who can recover damages to:
- The deceased person’s parents
- The deceased person’s spouse
- The deceased person’s children
Other relatives could recover damages if they were dependent on the decedent for financial support. Your lawyer will review your familial relationship and explain who can benefit from a financial award.
A Motorcycle Wrongful Death Attorney Will Hold the At-Fault Party Liable
To recover damages for your family, your attorney will identify the at-fault driver and their insurance company. They will also document the negligence that caused the accident since negligence is what allows you to seek compensation.
They will prove the driver:
- Owed you a duty of care
- Failed to provide it
- Caused the accident
- Caused your financial losses
Your motorcycle accident lawyer in Florida will prove these elements of negligence with a comprehensive evidence collection. It will include your accident report, lay and expert witness statements, and accident reconstruction reports.
A Lawyer Can Steer Your Motorcycle Accident Claim Toward a Settlement
A financial settlement is possible in your case all the way up to the point that a fact finder—judge or jury—returns a verdict. You do not have to navigate this difficult process without legal guidance and support.
To settle your case out of court, your legal team will assess your recoverable damages and send a corresponding demand letter. With your compensation request, they will also submit your evidence collection to the insurer that proves their policyholder’s negligence. Your attorney will weigh each wrongful death settlement offer you receive and explain its pros and cons to you.
The final settlement decision is always yours to make. Your fort lauderdale motorcycle accident lawyer will simply help you make a well-informed decision that lets you and your family move forward.
Get Help Pursuing Wrongful Death Compensation After a Motorcycle Accident
If your family lost a loved one in a recent motorcycle accident in Florida, we can help you deal with the responsible party’s insurance company. Our familiarity with wrongful death claims in motorcycle accidents and seeking justice for loved ones in Florida means we know how to fight for your family’s rights. Our personal injury lawyers are also ready to take legal action against a liable party to pursue fair financial compensation.
You can learn more about how our Florida Motorcycle accident lawyers can guide you through the legal process. Contact our consultation team at the Law Offices of Wolf & Pravato by calling (954) 633-8270 today.