Despite all the safety protocol in place and the warnings to look for motorcyclists, thousands of cars collide with the vehicles every year. If you’ve lost a loved one in a motorcycle crash, you might be able to pursue a wrongful death claim against the liable party, so you can recoup compensation for the losses incurred by your family. Basically, a claim for wrongful death after a motorcycle crash is a personal injury lawsuit filed by the next of kin, usually a spouse, parent or child, on behalf of the estate of the deceased. It allows the family to recoup compensation to cover the damages they suffered because of the crash.
Damages Pursued In a Claim for Wrongful Death After a Motorcycle Crash
When you file a claim for wrongful death after a motorcycle crash, you must specify the damages you want to recover. These damages fall into two categories. One category involves damages suffered from the initial act of negligence that led to the crash until the death of the crash victim. These include medical expenses and funeral expenses. Depending on how long the motorcycle accident victim lived after the crash, lost wages might also be included in this category. The next category covers the loss of earnings from the accident victim from the time of his or her death up until he or she should have retired. Some states allow a claim for loss of consortium, which is the loss of love and companionship because of the death of the loved one.
The Role of Negligence in a Wrongful Death Claim After a Motorcycle Crash
Any personal injury claim or wrongful death claim must prove that the other party is liable for the damages because they acted negligently. All four elements of negligence (duty, breach of duty, causation, and damages) must be proven. In this case, the driver has a duty to act responsibly and safely to protect others from harm on the roads. That duty was breached when he or she failed to notice the motorcycle and hit it. That breach of duty caused the crash when the vehicle struck the bike. Lastly, that crash caused by the breach of duty led to the injuries that caused the death of the biker. When you have proven negligence, you will have success with your wrongful death claim after a motorcycle crash.
Consult With a Wrongful Death Attorney
If your loved one was killed in a motorcycle crash, you should consult with a wrongful death attorney. These attorneys work on a contingency basis, so they will not be paid until you are compensated for your losses. You have nothing to lose. There will be no out of pocket expenses. Time is of the essence because each state has a statute of limitations for pursuing a wrongful death claim after an accident. Get your free case evaluation for pursuing a claim for wrongful death after a motorcycle crash today!
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Disclaimer
The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim for a motorcycle crash, you may not be entitled to any compensation.
