What Happens If I Lose a Loved One in a Motorcycle Accident?

Losing a loved one due to a motorcycle accident is a traumatic and heart-wrenching experience. Understanding your legal rights and avenues for justice can be daunting in such difficult times. This FAQ offers an informative guide on what happens after losing a loved one in a motorcycle accident and what legal steps can be taken.

Wrongful Death Claims

A wrongful death claim may be pursued if your loved one’s death was due to someone else’s negligence or intentional action. This type of legal action seeks compensation for the losses and damages the deceased’s family suffered. 

Who Can File?

The person who can file a wrongful death claim varies by state. In most states, the personal representative or executor of the deceased’s estate files the claim. However, the compensation is intended for the surviving family members. In some states, a surviving spouse or child may file the claim. Each state has its own parameters for pursuing a wrongful death claim, so it is important to consult with a motorcycle wrongful death attorney to determine what those are in your state.

Types of Damages

In a wrongful death claim, various types of damages can be pursued:

  • Economic Damages: These include lost wages, future earnings, and the cost of medical expenses before the loved one’s death.
  • Pain & Suffering: This type of compensation could be pursued on behalf of the survivors and/or for the time the victim was alive and suffering due to injuries.
  • Non-Economic Damages: This category includes pain and suffering, loss of companionship, and mental anguish experienced by the surviving family members.
  • Punitive Damages: In some cases, if the at-fault party’s actions were particularly reckless, punitive damages may be awarded as a form of punishment and deterrence.

Again, the types of damages vary by state. An experienced motorcycle accident attorney licensed in the state of the crash will be able to guide you through your options.

Statute of Limitations

Every state has a deadline, known as a statute of limitations, within which a wrongful death claim must be filed. It is essential to understand and adhere to these deadlines to avoid forfeiting your rights to compensation.

Legal Help

Navigating a wrongful death claim is a complex process. Having experienced legal counsel by your side can ensure you understand your rights, help gather evidence, negotiate with insurance companies, and, if necessary, represent you at trial.

Contact The Ruth Law Team

You don’t have to navigate the legal process during this challenging time alone. Contact The Ruth Law Team at (888) 783-8378. Our experienced attorneys are here to help guide you through this difficult time. You can also visit us by appointment at one of our Florida Law Offices, Minnesota Law Offices, or Georgia Law Offices.

Please note that the answers to each question may vary depending on the specific facts of your case, and it is always wise to consult with an attorney to get more accurate information. This is general information, not legal advice.