Each year, more than 6,000 people throughout the country die in a motorcycle accident. When you lose a loved one in one of these tragic accidents, the aftermath is devastating. They were an integral part of your family and played a valuable role, and you and your loved ones will have to endure this loss forever. The best that you can do is seek financial compensation by filing a wrongful death claim.
However, wrongful death cases can be complex for your family. Besides the legal matters, you may have to deal with unpleasant details during a challenging time. You must handle these details if you want financial compensation for what you have lost. Thankfully, you do not have to tackle the wrongful death legal process alone. You can pursue the responsible driver for compensation by working with a motorcycle accident lawyer. You will most likely deal with their insurance company, who will try to make things difficult for you.
An attorney will fight for your rights and ensure you receive the full and fair compensation you deserve. Furthermore, an attorney will thoroughly investigate the accident, gathering evidence and speaking to witnesses to build a strong case on your behalf. They will handle all the legal complexities, including dealing with insurance companies and negotiating settlements, while you focus on healing and grieving for your loved one.
The good news is that you do not need to invest money to hire a motorcycle accident attorney. Like any other kind of personal injury attorney, these lawyers work for you on a contingency basis. You are never asked to write a check to your lawyer while your case is pending, and you never have to pay anything at all if you do not win. It is only when your family receives money for the loss of your loved one that your motorcycle lawyer has any entitlement to money. Then, they get paid from the proceeds of your wrongful death settlement, meaning there is no financial risk to you whatsoever.
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How Does a Wrongful Death Lawsuit Work?
A wrongful death lawsuit works like any other personal injury case, except that your family is the victim because you have lost a loved one. You will go through the same legal process and meet the same legal standards before receiving compensation for your loss. Still, the legal pathway to getting a settlement check is always challenging.
You have two primary legal options for obtaining financial compensation after a wrongful death due to a motorcycle accident. The first way to potentially receive a settlement is to approach the other driver's insurance company and file a claim. Here, there are varying levels of formality in the insurance claim. Your motorcycle accident lawyer may even file a demand letter to inform the insurance company that you intend to sue if it does not pay the money you seek.
Alternatively, you may file a lawsuit against the responsible driver in court. The fact that you have filed an insurance claim does not keep you from going to court, and you may need to file a lawsuit if the insurance company is uncooperative or denies your claim entirely. You may have no choice but to file a wrongful death lawsuit if the insurance company denies your claim, will not offer you enough money, or insists on blaming your loved one for what happened.
Your loved one's insurance company may be in the picture somewhere along the way. Since wrongful death damages may be very high, there is a chance that the other driver does not have enough coverage to pay for what your family has lost. Then, you may file a claim against the underinsured motorist coverage, but your insurance company will likely make your life harder by being difficult to deal with.
How to Win a Wrongful Death Case
Like any other personal injury case, you will need to show that someone else was negligent to win your wrongful death claim. In motorcycle accidents, negligence means that the driver did something unreasonable under the circumstances. As the claimant seeking money, your family must meet your burden of proof to demonstrate negligence, and you must include evidence with your claim or lawsuit that shows that the driver was to blame. Otherwise, you will not have the legal entitlement to any financial compensation. When you hire a motorcycle accident lawyer for your case, they will perform a complete investigation of the accident to establish your case for monetary compensation.
Who Gets the Money in a Wrongful Death Claim?
Each state has laws about dividing the proceeds in a wrongful death case, and certain close family members have a right to receive compensation for the loss of a loved one. Some state laws are broader than others regarding who has a right to seek compensation. The surviving spouse always has the legal right to a share of wrongful death proceeds. Then, the surviving spouse usually divides the proceeds with any children of the deceased. In some cases, parents and others who relied on the deceased person may have a right to a share of the proceeds, but that depends entirely on state law.
Your Family's Compensation in a Motorcycle Accident Wrongful Death Case
Wrongful death compensation should pay your family for damages that you have suffered when you have suddenly lost a loved one in a motorcycle accident. The loss of a close family member can affect your family in various ways, based on the role that the deceased person played in the family before they died.
Elements of wrongful death compensation include:
- The earnings that the deceased person would have earned throughout the rest of their career
- The support and guidance that the motorcyclist provided to individual members of the family
- The close, loving relationship that the deceased person had with family members
- The grief and trauma that family members experienced through the sudden death of a loved one
- Loss of consortium damages for the spouse who had a physical relationship with the deceased person
- Funeral and burial expenses
It follows that wrongful death damages are inherently subjective in nature, and the insurance company will challenge what you say at every step. If you have filed a wrongful death lawsuit, you may even be subject to a deposition, where you may have to answer uncomfortable questions asked of you.
For example, suppose you are claiming loss of consortium damages as a spouse. In that case, the insurance company's attorney may ask you questions about the nature of your physical relationship with the deceased person. As much as you may think these details are private, they are questions you must answer. Even though your motorcycle accident attorney will be there to defend you during a deposition, you will still need to cooperate and answer the questions.
What Is a Survival Action?
In some cases, a motorcycle accident victim may not die immediately after the crash. They may have lived a certain amount of time before they passed away, suffering from the effects of the motorcycle accident injury. The responsible party is not off the hook for those damages just because your loved one died later from the accident. This compensation is part and parcel of the damages that your family should receive if you win your motorcycle accident case.
You will seek these damages in a survival action. The executor of the estate will file this claim, and it will be part of the wrongful death lawsuit. Here, the cause of action belongs to the estate, and the estate's beneficiaries will divide the proceeds should you win.
Survival action damages can include:
- Medical expenses that were necessary to treat your loved one
- The lost earnings that your family member missed out on earning between the time of the accident and their death
- The pain and suffering that your loved one endured because of their injuries
- The emotional distress that your family member suffered because of the accident
Settling a Motorcycle Wrongful Death Claim
Whether you have filed a claim or a lawsuit, the insurance company may offer you a settlement. Insurance companies may realize they have a legal problem and must try to resolve your case. Otherwise, they may have to face an angry jury while having to pay for their own legal defense.
Just because insurance companies have made your family a settlement offer does not mean that they are immediately serious about settling the case. Initial settlement offers often tend to be preposterously low; your motorcycle accident attorney will need to negotiate because you need to get full compensation for the loss of your loved one. Otherwise, you will surrender the chance to get more compensation in the future if the insurance company does not pay you enough in the first place.
The Challenges in a Wrongful Death Case
One of the first hurdles that your family must face is proving liability for the motorcycle accident itself. Your loved one is no longer around to tell their side of the story when you try to show that someone else was to blame for what happened. You will need to gather evidence after the fact that can show the driver was responsible for the accident.
Then, insurance companies may try to blame your loved one for the motorcycle accident. They will review your case and realize the amount of money they may need to pay your family, and they will look to do anything possible to avoid fully compensating you. Insurance companies know that a jury may be working under the perception that a motorcycle rider is more dangerous than the average person, and they may try to take full advantage of it. Further, the insurance company also knows that your family member is no longer here to defend themselves against any allegations of wrongful conduct. Your motorcycle accident lawyer may need to gather evidence that proves what your loved one did to exonerate them from any wrongful allegations.
Further, your family may want to avoid dealing with the legal process at such a difficult time. Having to relive the details of what happened and engage with the legal process are the last things you may want to do. Thankfully, you can hire a motorcycle accident attorney to handle all the case details. All your family needs to do is work with your motorcycle accident lawyer and decide on advice from your counsel.
When You Should Hire a Wrongful Death Lawyer
There are quite a few things that you need to handle when you have suddenly and tragically lost a loved one. Not only do you have to deal with their affairs, but you are also going through the grief of an unexpected loss. However, time is of the essence when you have a potential legal claim. Although you do not have to file a wrongful death lawsuit immediately, you do need to take steps to prepare any claim before you file it. In addition, the case may "go cold" after a certain amount of time because you will lose important evidence that can prove liability. Accordingly, you cannot wait too long to hire a motorcycle accident attorney to represent your family because time is of the essence.
Schedule Your Free Consultation With a Wrongful Death Lawyer
You only need to schedule a free initial consultation with a motorcycle accident attorney to discuss your case and learn your legal options. Once you sign a representation agreement and hire a motorcycle accident lawyer, they will do the hard work investigating the accident and dealing with the insurance company. Your lawyer will inform you about the developments in your case, and they will give you advice about what decisions you should make.
Losing a loved one in a motorcycle accident is a devastating experience that no one should have to endure. A personal injury attorney will protect your rights so that you can receive the compensation you deserve. They will provide the support and guidance you need during this challenging time, helping you handle the legal process and pursue justice for your loved one.
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