More than five hundred motorcycle riders lose their lives in catastrophic motorcycle accidents in California. While most such accidents are a result of drivers not obeying traffic laws, the damage caused by these incidents can be irreparable and can range anywhere from minor, recoverable injuries to paralysis, incapacitation, or death. Even minor injuries incurred in these accidents can result in a significant impact on an individual’s physical and mental health and drain their finances through high costs of medical treatment, incidental expenses, and more.
If you lose a loved one in an untimely motorcycle accident, you can file a lawsuit against the negligent party to obtain compensation for damages resulting directly from the incident. Although a lawsuit will not sadly bring back your loved one, it will enable you to seek justice and hold the negligent driver accountable for their actions in a court of law. A skilled lawyer can help you navigate your loss by taking over your legal matters and filing a lawsuit against the responsible driver.
Who Can File a Lawsuit?
The rider’s spouse or partner, living children, next of kin (siblings, parents), and dependents who relied on the rider for financial assistance are all eligible to pursue a wrongful death claim. Before filing a lawsuit, it is essential to get in touch with an experienced lawyer who can better assess your claim and relationship with the departed rider. Taking care of all these facts while filing a lawsuit is crucial since the lawsuit will not be dismissed based on technicalities or legal formalities.
Compensable Damages
If you lost your loved one in a motorcycle accident, you can file a lawsuit against the negligent party to receive compensable damages, which include expenses for funeral arrangements, loss of consortium, costs related to the deceased relative’s financial and emotional support, and more. Any lawsuit filed by the bereaved party’s estate can also seek compensation for the medical expenses related to injuries incurred by the deceased due to the accident. Because of several variables that are unique to each case, the actual amount of compensation can vary significantly between different cases.
The Right Time to File a Lawsuit
California law states that the family or estate of the deceased can file a lawsuit within two years of the fatal accident. The deadline for filing a lawsuit entails prompt legal action, and it is recommended that you hire an attorney immediately after the accident. Since it can be nearly impossible to keep up with legal deadlines in the wake of a personal tragedy, an experienced attorney can handle all legal matters on your behalf and file a lawsuit within the given period. An attorney will also collect and compile all the evidence needed to make a strong case, including the collection of witness statements, obtaining police reports, medical reports, and more.
Conclusion
If you lost your loved one in an unfortunate motorcycle accident, you may file a lawsuit against the negligent party to obtain fair financial compensation for your losses. An experienced lawyer can help you navigate the complicated legal landscape, collect evidence, and file a lawsuit on your behalf so that you can seek justice while focusing on grieving the loss of the departed.
