Wrongful Death Suits Resulting From Motorcycle Accidents
Motorcycle accidents are becoming increasingly common in and around the United States. While accidents involving passenger vehicles are more numerous, motorcycle accidents tend to be more serious and injuries severe or fatal. Statistics show that motorcyclists are 27 times more likely to suffer fatal injuries than those involved in automobile crashes. Fortunately, the law provides surviving family members with a way to seek compensation for the death of a loved one involved in a motorcycle accident. The following is an overview of personal injury law and how it pertains to wrongful death suits.
What Is Wrongful Death?
When a family files a wrongful death lawsuit after a motorcycle accident, they are seeking monetary compensation for the untimely death caused by a negligent driver. The law requires all vehicle operators to take reasonable steps to avoid an accident and drive in a safe manner. If this is not done and someone dies as a result of the accident, the family may be entitled to compensation.
What Must Be Proven In A Wrongful Death Suit?
There are certain elements that must be proven in a wrongful death lawsuit. These elements are:
- The defendant was negligent or reckless
- The accident was caused by the defendant’s negligent actions
- The victim has surviving family members
- The victim’s death has caused hardship or damaged the surviving family members
The laws surrounding wrongful death lawsuits may vary from state-to-state, which is why it is important to choose an experienced personal injury attorney in your area to help you with your claim. Each state has a certain period of time, known as the statute of limitations that limits the amount of time you have to file your lawsuit in court. Failing to adhere to this time frame will most likely cause your case to be thrown out of court.
Who Can File A Wrongful Death Lawsuit?
Those who are able to file a wrongful death lawsuit after a loved one dies as a result of a motorcycle accident depends on which state in which the accident occurred. Most states allow the following people to file a lawsuit seeking compensation after the untimely death of a loved one:
- The victim’s spouse
- The victim’s children, stepchildren, or adopted children
- Domestic life partners
- Parents of unmarried children
- The victim’s siblings
- Grandparents of the victim
Because this can change depending on the state the family lives in, it is best to seek the advice of a personal injury lawyer to determine who is eligible to seek compensation.
While filing a wrongful death lawsuit after a loved one has died in a motorcycle accident won’t change the reality that your loved one is gone, it can help you recover financially from the loss of the victim’s income and the cost of medical bills. Contact a personal injury lawyer Milwaukee WI for information on how to move forward with a wrongful death lawsuit in your state.
Thanks to our friends and contributors from Hickey & Turim SC for their insight into personal injury practice.