In the face of a tragic motorcycle accident resulting in the loss of a dear one, seeking justice and accountability becomes paramount for grieving families. Wrongful death claims offer a legal avenue to hold responsible parties accountable and pursue compensation for the immeasurable loss suffered.
If you or your friends or family member ever got injured in a road accident, you can hire a motorcycle accident lawyer to seek assistance. This post is also dedicated to exploring the complexity of death claims, their legal formalities, and the steps required in seeking justice for lost ones.
What is Wrongful Death?
The term ‘wrongful death’ is used to explain an accident that happened due to the carelessness of another party. The culprit party in the case of motorcycle accidents can be any person such as a motorist, a road construction team, or due to negligence of government entities like unsafe road conditions.
Damage recovers in a wrongful death claim are:
- Funeral expenses
- Medical expenses before their loved one’s passing
- Loss of future earnings
- Pain and suffering caused by their dear one’s passing
- Loss of companionship
Who Can File a Wrongful Death Claim?
Though the family members come into the eligibility criteria of filing a demise claim including spouse, children (biological and adopted), or parents, extended people like grandchildren or grandparents do also have the right to file a demand in some cases. Apart from this, a representative of the dead’s property is also eligible to do the same, but it is also advised to seek assistance from a professional to understand all the related laws in your jurisdiction about the criteria and requirements.
Proving Wrongful Death Claims
Proving wrongful death claims requires evidence that shows how the other party was negligent or reckless in causing your loved one’s demise. Evidence could include:
- A police report from the scene of the accident.
- Photos from incident sites showing the placement of vehicles.
- Witness statements about what took place during an accident.
- Expert testimony regarding safety regulations.
Seeking Legal Counsel
Filing a wrongful death claim can be emotionally draining during an already difficult time for family members who have lost their loved ones through no fault. However, it is essential to hire legal counsel experienced with motorcycle accidents’ nuances and rules specific to your jurisdiction’s laws because these settlements vary state-to-state.
An attorney will help you navigate complex lawful practices while ensuring that you receive the compensation you are entitled to. They will negotiate with insurance companies, gather evidence and give you peace of mind about your case.
Upon filing a wrongful death claim, the defendant might deny liability, arguing that their actions did not cause the mishappening that led to their loved one’s demise. At this point, an attorney will work hard to build a strong case on their client’s behalf. They may pursue a jury trial if no settlement can be reached.
Jury trials often allow families to air their grievances, hold negligent parties accountable, and seek justice for the injuries incurred by the actions of another party. The amount of compensation awarded will depend on various factors such as:
- Nature/type(s) of damages suffered
- Extent/severity of damages
- In effect, what impact those damages had on each family member’s life following the incident
- Age and overall health condition of deceased individuals
As motorcycle accidents typically result in fatal outcomes or at least serious injury, winning these claims is beneficial for seeking restitution and helping keep our shared roadways safe for all drivers.
Wrongful death claims not only offer an amount of money to the deceased’s family but also provide them comfort during tough times. Seeking legal assistance from skillful attorneys can help you with an increased success rate and a hassle-free lawful process.