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The pain and suffering that follows the loss of a loved one are immeasurable. When a family sues for the wrongful death of a loved one, they are seeking justice and compensation for their tragic loss. No monetary amount can ever take away the pain of losing a loved one in death. Still, the surviving family members may have the right to recover damages such as funeral expenses or pain and suffering.
At Judd Shaw Injury Law, our attorneys have helped many families successfully obtain compensation after the loss of a loved one. We understand the immense pain and suffering that you and your family are going through. No amount of money can ever truly make up for the loss of a loved one. However, we believe that you should not have to bear the burden of financial stress on top of your grief.
Our knowledgeable attorneys will work tirelessly to build a strong case on your behalf and help you get the justice you deserve. Contact us today for a free consultation. Call 732-888-8888 or fill out our online contact form.
Who Can File a Wrongful Death Claim?
Motorcyclists travel at increased risk of death due to a lack of protection. Motorists who share the road with riders have the responsibility to exercise caution and alertness at all times.
Motorcycle accidents that result in death are often caused by negligence or recklessness. In most states, the following individuals may bring a claim for wrongful death following a motorcycle accident:
- The surviving spouse of the deceased
- The surviving children of the deceased
- The parents of the deceased (if the deceased was unmarried and/or childless)
A wrongful death claim can also be filed against a company or dealer if a defective motorcycle part led to the rider’s death. In some states, the personal representative of the deceased’s estate may also file a wrongful death claim. This would be done on behalf of certain survivors, such as a minor child or disabled adult.
What Compensation is the Surviving Family Entitled to Receive?
In a wrongful death suit, compensation may be available for the victim’s spouse, children, or other dependent family members. When a motorcyclist is killed due to careless negligence, the surviving family members may recover damages for:
- Loss of earning capacity: These damages take into account the earnings the deceased would have earned over a lifetime. The sum can be calculated using various methods, including looking at the victim’s health, education, and earnings at the time of death.
- Loss of love/companionship or assistance: These are known as “loss of consortium” damages, which are available to spouses and sometimes children of motorcycle accident victims. The damages are meant to compensate for the loss of emotional support and tangible assistance that the deceased provided.
- Pain and suffering: Family members may be able to recover damages for their pain and suffering. In some states, the family may also recover damages for the suffering experienced by the deceased before death.
- Funeral and burial expenses: Reasonable costs incurred for the victim’s funeral and burial can be recovered by means of a wrongful death claim.
- Punitive damages: Punitive damages may be awarded if the other party’s actions were extremely reckless.
How to Prove Fault in a Motorcycle Wrongful Death Claim
You will need to prove the at-fault party’s role in the accident. This can be difficult to do on your own, which is why it is important to work with an experienced motorcycle accident attorney. He or she can help you gather evidence and build a strong case.
Some of the evidence that may be used to support a motorcycle wrongful death claim includes:
- The police report from the accident
- Witness statements
- Photos or videos of the accident scene
- The autopsy report and medical records documenting the injuries suffered by the victim
- Proof of lost wages and funeral expenses related to the death
- Expert testimony regarding the cause of the accident or the victim’s injuries
In addition, you may need to prove that you suffered emotional or psychological damages as a result of your loved one’s death. To do this, you may need to provide statements from close friends or family who can attest to how your life has been affected.
This is just a brief overview of some of the evidence that may be used in a motorcycle wrongful death claim. It is important to remember that wrongful death claims often require detailed evidence. If you have lost a loved one in a motorcycle accident, contact Judd Shaw Injury Law to learn more about what evidence may be necessary to prove your claim.
Why Do Motorcycle Accidents Happen?
Many dangerous behaviors can lead to fatal motorcycle accidents. Some of the most common causes of such collisions include:
- Speeding: Some people enjoy racing or testing the speed of their vehicles. Unfortunately, this is anything but harmless fun. Going above the posted speed limit or driving too fast is one of the leading causes of fatal motorcycle accidents.
- Impaired driving: Riding a motorcycle or driving a car while under the influence of drugs or alcohol is extremely dangerous. Such reckless behavior can easily lead to a tragic accident.
- Reckless driving: For some people, engaging in risky behaviors like lane splitting or weaving in and out of traffic seems efficient or fun. However, this can put both a motorcycle rider and the other driver at risk for a fatal accident.
- Distracted driving: Taking your eyes off the road, even for a second, can be deadly when riding a motorcycle or sharing the road with one. Distractions can include texting while driving or rowdy passengers.
How Judd Shaw Injury Law Can Help You With a Wrongful Death Claim
The death of a loved one is always a tragedy, but your loss can feel especially painful when the death is caused by someone else’s negligence. Not to mention that the family of the deceased could be left facing major decisions, funeral costs, and untold emotional suffering.
Have you suffered the wrongful death of someone you love? You do not need to face this alone. Our attorneys will work tirelessly to build a strong case on your behalf and fight for the justice your loved one deserves. Our team can also handle all of the paperwork and negotiations with the insurance company so that you can focus on the next steps for your family.
Wrongful death suits can be complex, so it is important to have an attorney on your side who knows the ins and outs of the process. Judd Shaw Injury Law has decades of experience in helping families get the compensation they are owed following the loss of a loved one.
Would you like to learn more about how Judd Shaw Injury Law can help you with a wrongful death claim? Please contact us today to schedule a free consultation with our attorneys. We will review your case and help you understand your family’s legal rights and options. To schedule a free consultation, call 732-888-8888 or complete the online contact form. We are available 24/7 to assist you.