You can sue for wrongful death in a motorcycle accident claim as long as you qualify as the personal representative of the deceased person’s estate. According to O.C.G.A. § 51-4-2, the personal representative includes spouses and children of the deceased or a representative appointed by the court.
If your loved one died in a motorcycle accident, you also have the right to hire a lawyer to represent you when you bring a wrongful death lawsuit against the liable party. Some family members of the victim prefer to focus their attention on grieving and healing after such a tragedy. This is not a time to become encumbered by the legal process of pursuing fair compensation.
This is where legal representation can come in.
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
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
If you lost your loved one in a motorcycle accident, you do not have to suffer alone. You can seek guidance from a lawyer who can handle your entire case, starting with an insurance claim
For a free legal consultation, call (404) 888-8888
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.
For example, if a motorist is texting while driving, they may not see a motorcycle switching into the adjacent lane and could hit them as a result. Motorcycles are easy enough to miss on their own, so if a driver is distracted by something within their car, the odds of them hitting a motorcyclist increase even more.
Some other forms of negligent driving that can lead to a motorcycle accident fatality 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
Motorcycles do not afford the rider the same protections a motor vehicle does, and when an accident occurs, they are the ones who will likely be most at risk of suffering severe injuries. When a motorcycle accident leads to death (and a negligent driver bears liability), the family of the deceased has the right to sue for wrongful death.
Call Bader Scott Injury Lawyers
If you lose a loved one due to someone else’s negligence, it can make the grieving process even harder. This is the last thing you may want to deal with is the legal process. You deserve to take time to grieve and mourn the loss of an irreplaceable member of your family. By hiring a lawyer, you may be able to alleviate the challenges associated with seeking justice on your loved one’s behalf.
Bader Scott Injury Lawyers advocates for victims of negligence in Atlanta and seeks to help families like yours receive fair compensation for their suffering. Nothing can replace your family member, but you should not have to deal with the burden of funeral costs and lost income on top of it.
You can sue for wrongful death in a motorcycle accident claim. We can handle your wrongful death case from start to finish, beginning with an insurance claim and potentially moving to file a wrongful death lawsuit, if necessary. We can ensure you are seeking fair compensation and do not accept an initial settlement offer that would not fairly award you for your losses.
For your free consultation, give us a call at (404) 888-8888. The sooner you call, the sooner we may be able to begin working on your case.
Call or text (404) 888-8888 or complete a Free Case Evaluation form