Fatal motorcycle accidents that are caused by another party may qualify the decedent’s surviving family members to file a wrongful death lawsuit. If you have lost a loved one due to the negligence of another driver, you can potentially sue for wrongful death in a motorcycle accident claim.
A motorcycle accident lawyer from our firm can help you determine whether you have a claim and can file a lawsuit.
How Wrongful Death Claims Work In California
A wrongful death claim allows close relatives of the deceased to file a lawsuit against the at-fault driver who is legally liable for their loved one’s death. A wrongful death claim typically arises when the victim would have had a valid personal injury claim if they had survived the crash.
Who Qualifies to File a Wrongful Death Claim
Only certain persons are entitled to file a wrongful death lawsuit in California. According to the California Code of Civil Procedure (CCP) §377.60, the following parties may bring a wrongful death claim:
- The surviving spouse of the decedent
- The domestic partner of the decedent
- Children of the decedent
- Those who would be entitled to the deceased’s estate “by intestate succession”
There may also be other individuals that could potentially file a wrongful death claim. If your relative died in an avoidable motorcycle accident due to the negligent actions of another road user, our firm can help you find out whether you may qualify to file a wrongful death lawsuit and potentially recover damages.
Compensation Available In a Wrongful Death Claim
The potential financial burden from the death of a loved one can be immense. Families of motorcycle accident victims may have relied on their loved one’s income and benefits, such as health insurance. If the decedent was the main breadwinner, the family could face unexpected financial hardship in addition to grief.
However, family members do have the option to sue for wrongful death in a motorcycle accident claim. If another driver’s carelessness or recklessness caused the death of your loved one, you could potentially pursue compensation for damages such as:
- Lost income and lost benefits from the deceased
- Funeral and burial costs
- Medical expenses incurred before the victim passed away
- Loss of love and companionship
- Loss of parental guidance
You could also recover other damages with a wrongful death claim. A motorcycle accident lawyer from our firm can advise you on the types of compensation you could pursue in your claim and your next best steps.
Negligent Actions That Can Cause Fatal Motorcycle Accidents
A wrongful death motorcycle accident can be caused by various factors involving another party’s negligent behaviors. Negligent behavior responsible for motorcycle accidents can include:
- Alcohol and drug intoxication
- Driving while distracted
- Driving while overly fatigued
- Driving faster than the posted speed limit
- Driving aggressively
- Tailgating
- Violating road laws and regulations
- Running red lights or stop signs
However, not all motorcycle accidents happen due to another driver’s negligence. If your loved one died due to a badly maintained or improperly constructed roadway, for example, you could possibly have a claim against a highway maintenance company or local government body. If a deadly motorcycle accident occurred due to a faulty vehicle part, claimants could sue a car manufacturer or car part manufacturer, for instance.
Depending on the circumstances of your loved one’s motorcycle accident, your wrongful death lawsuit could include several defendants.
Jacoby & Meyers Law Offices Can Work On Your Case While You Grieve
No compensation in the world can make up for losing a loved one in a tragic accident. However, recovering compensation in a wrongful death claim can help a family survive financially after the loss of their family member.
Jacoby & Meyers Law Offices understands that you may be going through a traumatic and stressful time. Allow us to handle the legal work in your claim while you focus on your family.
We Can Help You Keep to the California Statute of Limitations
Note that your time to file a wrongful death lawsuit in California is generally limited to two years from the date of your loved one’s death, per CCP §335.1.
Call Our Attorneys Today
Call Jacoby & Meyers Law Offices now at (888) 522-6291 to find out more about your options in a free consultation with a member of our team. We work on a contingency-fee-basis with no advance payments required to start.