Motorcycle Wrongful Death Claims

Most people who suffer from personal injuries recover, at least in part, given enough time and care. Even people with severe spine injuries frequently recover and lead normal lives. However, wrongful death is different. Such losses frequently have a half life. The pain of loss eases but never completely disappears with time. In other words, a seat at the table is never vacant. A loss like that cannot be totally made up for by money.

The Justice Following the Motorcycle Wrongful Death of a Loved One

Unfortunately, neither a judge nor a jury have the authority to go back in time and alter the past. However, the available recompense eases the grieving of the surviving. It provides them with justice, which is what the deceased would have preferred. The attorney examines your case fast and lay out your legal choices in terms you can comprehend. Then, he gathers proof to back up your aation. Finally, he never give up advocating for you in court or at the bargaining table.

Negligence and Motorcycle Wrongful Death

Tens of thousands of people perish each year in ‘accidental’ fatalities. However, these instances are not, for the most part, “accidental.” In general, motorcycle accidents are the main reason why people die from injuries. Over 90% of these accidents are the result of rider mistake. Alcohol, fatigue, or drug use are common forms of impairment that contribute to rider error.

Payment is accessible

Fair compensation in wrongful death instances is frequently difficult to assess. It incorporates things like future income and future financial support. That is especially true if, for example, a young child drowned in a swimming pool. Economic damages in these lawsuits in California include lost future income. Costs associated with funerals and interments fall under this category as well. Since economic losses are only one aspect of the situation, noneconomic damages are also available. Noneconomic wrongful death damages in California cover losses like:

  • moral direction
  • affection
  • training
  • cooperation (companionship)

Punitive damages are typically prohibited by law in wrongful death cases in California.

Who in California Files Wrongful Death Claims?

When it comes to who has the legal right to bring wrongful death claims, California state law is unambiguous. Usually, the surviving spouse, domestic partner, children, or parent of the deceased has the right to bring a wrongful death claim. State law permits anybody having a legitimate claim to the assets of the deceased’s estate to submit a wrongful death claim in the absence of any such relatives.

Potential Losses in a Wrongful Death Case

According to California’s wrongful death laws, there are two primary types of damages:

  1. those that cover the losses incurred by the deceased’s estate as a result of his or her passing
  2. those that cover the surviving family members’ individual losses as a result of the death.

Losses to the estate of the deceased typically consist of:

  • income that the deceased would have likely earned in the future had they lived.
  • costs associated with a funeral or burial.
  • medical costs for the illness or damage that the accident caused and their treatment.

The following items may be used to compensate the deceased’s surviving family members:

  • suffering, the loss of the love, affection, moral support, and direction that the departed offered
  • loss of home services given by the deceased
  • the absence of the anticipated financial support that the deceased would have expected to provide for their family

A California accident wrongful death claim has a two-year statute of limitations. That is why anyone who believes they may be entitled to compensation should get legal counsel and file their claim as soon as possible.

Identifying Liability in a Motorcycle Accident Case

Wrongful death cases in California are based on negligence. Also it is based on one party’s failure to exercise due care in a particular circumstance. If a negligent driver causes a motorcycle accident due to a moving violation, inattention, or drunk or drugged driving, the victim’s surviving family members may be able to bring a lawsuit against the at-fault rider.