A motorcycle accident death is a terrible tragedy. While monetary compensation cannot undo what has happened, it can help you and your loved ones begin anew.
You have the right to submit a claim for wrongful death if you are the personal representative of the deceased’s estate and another party was responsible for the motorcycling accident. In order to prove fault, you might need the help of a wrongful death attorney.
Here is more information about filing a wrongful death claim and how you can best protect your right to compensation.
How Long do I Have to File a Wrongful Death Claim If I Believe Someone Else Caused a Motorcycle Accident?
The amount of time that residents have to file a claim for wrongful death varies from state to state. According to Arizona Revised Statute 12-542, the general legal time limit in the state is two years. However, this time frame can fluctuate depending on various factors.
It is critical to remember that you forfeit your right to collect compensation if you do not act within the time frame set forth in the Statute of Limitations.
When trying to discover the particular time frame that applies in your circumstances, it is in your best interest to speak with a personal injury attorney who can help you with your wrongful death claim
For a free legal consultation, call 866-499-8989
Proving Your Case
Motorcycle accident wrongful death lawsuits sometimes include complex legal issues, and proving negligence requires extensive investigation and evidence collection.
The plaintiff must prove duty, breach, causation, and damages in order to succeed in a negligence suit. In such a situation, having legal representation from a personal injury attorney can be invaluable.
A lawyer is familiar with the standards of proof and can efficiently gather evidence to craft a compelling argument to demonstrate the negligence of the at-fault party.
Evidence Is Crucial in a Wrongful Death Motorcycle Accident Lawsuit
Examples of proof that might be presented include:
There may be clues about the victim’s injury or death, the care they received, and the circumstances surrounding their passing in the medical records and autopsy reports.
Police Documentation and Reports
What led up to a person’s death can often be pieced together through witness statements, police reports, and other official records. The police report will indicate whether the other driver was cited as well as other pertinent information.
Important pieces of tangible evidence could be found in the victim’s personal effects and at the accident scene. The motorcycle helmet, markings on the road, or even cell phone activity can help to tell the story about what happened.
Eye Witness Accounts
Establishing what actually occurred can be made much easier with the use of witness testimony from individuals who were present during the accident or incident that ultimately resulted in the victim’s death.
Expert Witness Testimony and Assessment
Experts in medicine and engineering, as well as forensics and accident reconstruction, may be able to shed light on what happened.
It is critical that the process of gathering evidence get underway as soon as possible after the event that occurred, as there is a possibility that some of the evidence could be lost or destroyed over time.
Despite your grief, it’s crucial to cooperate with a wrongful death lawyer to start assembling the necessary proof to support a strong claim.
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Who Can Be Held Liable for a Wrongful Death in a Motorcycle Accident Lawsuit?
The following individuals or organizations have a possibility of being held accountable in an accident claim:
If the accident was caused by the driver of the other vehicle engaged in the collision, then that driver is responsible for paying any damages.
The motorcycle manufacturer or any of its components, in the event that a flaw in the product’s construction or assembly was the root cause of the accident.
In the event that bad road conditions were a contributing factor in the accident, the government entities responsible for maintaining roads and traffic signals may be to blame.
A technician or repair shop, in the event that they did not maintain or repair the motorcycle in the appropriate manner.
In some motorcycle crash claims, you can find yourself dealing with the insurance companies of several defendants. A wrongful death attorney can handle all of the contact and negotiations with the adjusters and opposing counsel
The actual parties who are accountable for the damages, as well as the potential amounts those parties could be held liable for, will be determined by the specific circumstances of the case.
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What Damages Are Available?
After a fatal motorcycle accident, the family can be left with enormous medical expenses and other costs. They also generally face the loss of an income that they formerly counted on to provide for their needs.
In a wrongful death lawsuit after a motorcycle accident, you may be able to pursue the following types of compensatory damages for your losses:
- Funeral expenses, burial expenses
- Loss of the deceased’s income
- Loss of companionship, comfort, guidance, and protection
- Loss of consortium
- Pain and suffering endured by the deceased prior to death
- Medical bills incurred as a result of the accident
- Punitive damages may be awarded in some cases
- Loss of inheritance, loss of benefits
- Emotional and mental suffering
- Property damage, to compensate you for the loss of the motorcycle or other property
Contact a Personal Injury Law Firm With Experience in Motorcycle Accident Wrongful Death Claims to Find Out More
In the end, if the death of a loved one in a motorcycle accident is caused by the negligence of another person, it is likely that you have the right to file a lawsuit for wrongful death.
You are entitled to seek compensation from the responsible party for your loved one’s final medical expenses as well as the loss of his presence in your life.
In the event that your loved one was killed in a motorbike accident, contact Zanes Law to talk to a personal injury attorney who can explain your family’s legal entitlement to financial compensation in further detail.