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
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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:
- 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:
- 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.
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Get Started on Your Wrongful Death Claim Today
When you lose a loved one due to someone else’s negligence, the last thing you will want to deal with is the legal process. You deserve to take time to grieve the loss of an irreplaceable member of your family. By hiring a lawyer, you can alleviate the challenges associated with seeking justice on your loved one’s behalf.
Our lawyers 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. You can sue for wrongful death in a motorcycle accident. We are ready to help you ensure that the legal process is handled in the best manner possible.