Losing a loved one in a motorcycle accident is a painful experience, and in the midst of grief, it can be challenging to consider taking legal action. However, pursuing compensation may be an important part of moving forward. If you’re dealing with the aftermath of an accident, it’s wise to consult an experienced motorcycle accident lawyer to understand your legal options.
The family of a person killed in a motorcycle accident often has the right to seek financial relief through a wrongful death claim. Our Florida-based colleagues at Tuttle Larsen, P.A. can attest that these claims will help cover expenses and losses resulting from the accident, supporting your family as you work toward rebuilding after this difficult event.
The Purpose Of A Wrongful Death Claim
A wrongful death claim allows surviving family members to seek compensation from the party responsible for the accident. Florida law recognizes that, in the case of fatal accidents, the impact on the family can be profound and lasting. These claims aim to address the financial and emotional burden that comes with an unexpected loss, such as medical bills, funeral costs, and the loss of financial and emotional support that the loved one provided.
Compensation may cover both economic and non-economic damages:
- Economic damages account for measurable financial costs related to the accident, like final medical expenses and funeral costs, which can quickly add up. If the deceased was a primary income earner, the loss of financial support can also be included, especially if it impacts the family’s long-term stability.
- Non-economic damages refer to intangible losses, including emotional suffering, loss of companionship, and the overall impact of the loved one’s absence.
Who Can File A Wrongful Death Claim?
Different states have different restrictions on who can file a claim. In Ohio, for example, the right to file a wrongful death claim typically belongs to the personal representative of the deceased person’s estate. This representative is usually appointed in the deceased’s will or by the court if there is no will. The personal representative files the claim on behalf of specific family members, who are the intended beneficiaries.
Similarly, in Florida, only specific family members can file a wrongful death claim, typically limited to the spouse, children, and sometimes parents of the deceased. A court-appointed personal representative is usually required to file the claim on behalf of the deceased’s estate and surviving family members.
What Does “Negligence” Mean?
For a wrongful death claim to be successful, it must be proven that the accident was caused by another party’s negligence. Negligence means that the responsible party failed to act with reasonable care, leading to the accident.
Common causes of motorcycle accidents include distracted driving, speeding, and failure to yield. When such factors contribute to a fatal accident, the at-fault party can be held accountable.
Proving negligence often involves gathering evidence such as police reports, witness statements, and, in some cases, accident reconstruction. An experienced attorney can help make sure that all relevant information is included so that your case is as strong as it can be.
The Importance Of Legal Counsel In These Cases
Wrongful death cases involve both legal and procedural elements, and working with a knowledgeable attorney can be invaluable. A lawyer can help you understand the legal process, explore your options for compensation, and work to ensure the responsible party is held accountable.
Taking steps to seek compensation won’t take away the loss, but it can help bring financial stability to your family and create a sense of accountability. If you’ve lost a loved one in a motorcycle accident, consulting a wrongful death attorney who has experience with motor vehicle cases can be a vital step in determining your options.
