Wrongful Death Due to a Motorcycle Accident

Wrongful Death Lawsuits – Motorcycle Accidents

Learn more about wrongful death to a motorcycle accident in Florida.

The law only provides for a short window for an individual to bring a wrongful death claim. If someone you know or a loved one has died as a result of someone else’s negligence, don’t hesitate to talk to one of our motorcycle accident attorneys.

Unlike some states where individuals only get to ride their bikes for a few months out of the year. Florida bikers have the luxury of being able to ride practically year round! It is a joy to do so but it also increases our risks for injuries and deaths. The sad reality about riding a bike is that it is unfortunately more dangerous because of the lack of enclosure, airbags, and seat belt restraint devices. However, this should not stop us from riding. Driving defensive, wearing the right protective gear, and understanding your bikes weakness and strengths is crucial to surviving out on the road.

Many times motorcycle accidents are completely out of the biker’s hands. A drunk driver blows a red light and crushes the biker or a huge semi-truck not checking all of his mirrors makes an abrupt lane change or turn striking the biker and ejecting him from his bike. We hope that you have never had to deal with a fellow biker being killed because of someone else’s negligence. However, the sad reality is that we all know at least one who has died as a result of a crash.

The fatality rate for motorcycle accidents is very high. As a result, many motorcycle accident lawsuits are wrongful death lawsuits. Wrongful death lawsuits are cases in which a family member of the victim chooses to sue the negligent person responsible for their loved one’s death.

If you have a family member who was recently killed in a motorcycle accident and you are thinking about filing a wrongful death lawsuit, you should be sure that the following can be proved before going forward:

  • The death was caused, in whole or part, by the conduct of the defendant
  • The defendant was negligent or strictly liable for the victim’s death
  • There is a surviving spouse, children, beneficiaries or dependants
  • Monetary or emotional damages have resulted from the victim’s death

The types of damages that can be sought in a wrongful death lawsuit vary a fair amount from those of a regular personal injury case. Family members, beneficiaries or dependants involved in the lawsuit may seek damages in the form of:

  • Any hospital expenses, home care or other medical expenses resulting from medical care for the victim prior to the death.
  • Sorrow and mental anguish caused by the loss of companionship felt after the death
  • Compensation for loss of income that was brought in by the victim
  • Loss of services, protection, care or assistance which were provided to beneficiaries by the victim
  • Loss of future earnings that would have been made by the victim
  • Loss of medical benefits
  • Loss of inheritance
  • Pain and suffering
  • Funeral expenses up to a certain point

Wrongful death lawsuits make it possible for justice to be served in a civil court even after death.