How a Lawyer Can Help with a Wrongful Death Claim or Lawsuit?

A lawyer can help the family of a deceased motorcyclist in a number of ways. They can: Handle all of the communications with the insurers and liable party; Investigate the crash to establish fault and liability; Calculate what fair compensation would look like based on economic and non-economic losses; Negotiate with insurers to seek fair compensation; Suggest a wrongful death lawsuit when appropriate; Comply with the relevant statute of limitations; Represent you in a trial, if necessary.

What Damages You Could Recover in a Wrongful Death Case?

Compensation will never be able to replace the presence of your loved one, but it can help ease the burdens that come along with the tragedy of losing them suddenly. Some of the damages your lawyer may be able to seek for you include: Burial expenses, Loss of consortium, Loss of future income, Pain and suffering.

How many Fatalities in Motorcycle Accidents?

According to the National Highway Traffic Safety Administration (NHTSA), in 2017, a total of 5,172 motorcyclists were killed during accidents. With statistics like these, it is imperative that motorcyclists practice safe driving and wear helmets. However, even when they do so, they still run the risk that other motorists on the road will not afford them the duty of care required by law.

Can you sue for wrongful death in a motorcycle accident claim?

Settlement Factors in a Motorcycle Accident Case

You can sue for wrongful death in a motorcycle accident claim. However, Georgia law clearly states that there is an order to who can bring a lawsuit against a liable party following a wrongful death. This law gives priority to the surviving spouse and children of the deceased person.

If you believe that you have the right to file a wrongful death lawsuit, then you could benefit from contacting a lawyer with experience in the field. They can answer your questions, help you understand what your case is worth, and ultimately help you determine if you can sue for wrongful death after a motorcycle accident.

What Damages Can You Recover Following a Wrongful Death?

Compensation will never be able to replace the presence of your loved one, but it can help ease the burdens that come along with the tragedy of losing them suddenly. Your wrongful death claim should consist of both economic and non-economic damages.

Recovering Economic Damages After a Motorcycle Accident

Economic damages are ones that directly affect you financially. These types of damages have a distinct monetary value associated with them. In wrongful death claims, these types of damages include but are not limited to:

Funeral expenses
Burial expenses
Medical expenses
Loss of income, both present and future

To determine the value of these damages, your lawyer will compile all receipts, bills, pay stubs, and other material that shows the amount that you and your loved ones are entitled to.

Recovering Non-Economic Damages After a Motorcycle Accident

Your financial recovery does not end with economic damages. To ensure that you recover the optimal financial compensation, your lawyer will also include economic damages in your lawsuit. These types of damages can greatly increase the value of your claim, ensuring that you and your loved ones are compensated for everything negative in your life as a result of the death of your loved one.

These damages include but are not limited to:

Pain and suffering
Mental anguish
Loss of companionship

If you lost your loved one in a motorcycle accident, make sure you take the proper steps to ensure the financial security of your family. With a lawyer working with you, you can ensure that all damages are accounted for and that you and your family receive the compensation you deserve.

For a free legal consultation, call (404) 888-8888

Motorcycle Accidents FAQs

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How Can a Lawyer Help with a Wrongful Death Claim?

Beyond ensuring that you receive proper compensation, lawyers can help you in a variety of other ways following a fatal motorcycle accident. And while they work on your behalf, you will be able to spend valuable time with your family, while you all adjust to your new way of life.

Help Everyone Understand Who Can File a Lawsuit

Even though your loved one may have a lot of surviving family members, there is a clear order presented in Georgia law of who has the right to bring a lawsuit.

According to O.C.G.A. § 51-4-2, the hierarchy is as follows:

Spouse
Children
Parents
Representative of the estate

Extended family members will not be able to bring a lawsuit against a liable party, but they could recover compensation if the representative of the estate is successful in their lawsuit. After the lawsuit is settled, the representative would divide the estate as per the wishes of the deceased person.

Investigate the Motorcycle Accident to Determine Liability

In order to make a successful financial recovery from your lawsuit, you will need to prove who was liable for the death of your loved one. When a lawyer handles your wrongful death claim, you have a professional working for you, ensuring that mistakes are not made.

By reviewing police reports, eyewitness testimony, and available camera footage, your lawyer can present a clear picture of what caused your loved one’s accident. This review will help determine the at-fault party, which will allow you to file a lawsuit against them.

Your Lawyer Can Help In Various Other Ways

In addition to investigating the accident, determining who should file the lawsuit, and determining optimal compensation, your lawyer can help you with your lawsuit in a variety of other ways. They include:

Handling all communications with the insurance company and liable parties
Complying with the relevant statute of limitations
Representing you in a trial, if necessary

If you have questions about whether you can bring a wrongful death lawsuit against another party following the death of your loved one, then you could benefit from speaking with a lawyer. They can help you understand your options for moving forward, and ensure that you follow all necessary laws and guidelines throughout the entire legal process.

Causes of Motorcycle Accidents

Motorcyclists are entitled to the same rights on the road as other vehicles. Other drivers must provide them with a proper duty of care. If they do not, then the consequences can be fatal.

Some of the most common instances of breached duty of care include:

Speeding
Failing to check blind spots
Driving under the influence of alcohol or other substances
Reckless driving
Aggressive driving
Failing to use turn signals
Failing to yield the right of way
Driving a vehicle with faulty mechanisms
Driving without insurance

If your loved one suffered fatal injuries because another driver committed any of these actions, then you have the right to file a lawsuit against the responsible party.