Motorcycle accidents result in death more often than car crashes. When a family member passes away in a motorcycle accident, it can be a very difficult time to cope with. That person is gone, and there is a hole in the survivors’ lives that will never be filled.
The only way to help the family move forward is if they are compensated for the loss of the family member. If a family member has been killed in a motorcycle accident, their survivors need to know what to do and what kind of compensation is available to them. Things will be tough – you need to take care of many things, including settling the estate of your loved one.
This is where a motorcycle lawyer in Atlanta from The Super Lawyer Legal Firm can help you. This article will discuss the different types of wrongful death compensation available to you. We will also discuss the eligibility requirements for each type of compensation.
Definition Of Wrongful Death Claims
When someone dies due to the negligence or recklessness of another person or entity, the survivors may be able to file a wrongful death claim. This type of claim allows the deceased’s loved ones to seek compensation for their losses, including medical expenses, funeral costs, and the income the victim would have earned had he or she lived.
To be successful with a wrongful death claim, you must prove that the defendant’s actions directly caused the death of your loved one. This can be difficult, as it requires demonstrating that the defendant was grossly negligent or acted recklessly. However, with the help of an experienced attorney, it can be done.
Eligibility for Filing A Wrongful Death Claim
To be eligible to file a wrongful death claim, you must be able to prove that the negligence of another person caused your loved one’s death. This can be done by providing evidence that the defendant acted recklessly or failed to act reasonably under the circumstances.
Additionally, you must be able to prove that you suffered damages as a result of your loved one’s death. This can include economic damages, such as funeral expenses and lost income, as well as noneconomic damages, such as emotional distress.
Types Of Damages Available In Wrongful Death Claims
In wrongful death claims, there are typically three types of damages available: economic, non-economic, and punitive.
“Economic damages” are those that can be quantified in terms of money. This would include medical bills, funeral expenses, and the victim’s lost wages. “Non-economic damages” are more subjective and can include pain and suffering, loss of companionship, and emotional distress.
“Punitive damages” are awarded as a way to punish the wrongdoer and deter others from engaging in similar behavior. They are not common in wrongful death cases, but when they are awarded, they can be quite substantial.
Calculating The Value Of A Wrongful Death Claim
The first step in calculating the value of a wrongful death claim is to determine the financial damages that have been incurred. This includes things like funeral and burial expenses, medical bills, lost wages and benefits, and the loss of future earnings.
Non-economic damages are more difficult to quantify. These include things like pain and suffering, loss of companionship, and mental anguish.
Once you have an idea of the economic and non-economic damages that have been incurred, you will need to place a monetary value on them. This can be done by using a multiplier, a number multiplied by the victim’s economic losses. The multiplier is based on factors such as the victim’s age, health, life expectancy, and earning potential.
For example, if the victim was young and healthy with a long life expectancy and high earning potential, the multiplier would be higher than if the victim was older with a shorter life expectancy and lower earning potential. The multiplier is then used to calculate the value of the non-economic damages, which are added to the economic damages to arrive at the total value of the claim.
What Motorcycle Accident Victims Should Know About Wrongful Death Claims
To successfully file a wrongful death claim, you will need to prove that the negligence of another party caused the death. This could be another driver on the road, a defective motorcycle part, or even poor road conditions.
If you can prove that someone else’s negligence caused the death, you may be able to recover damages such as funeral and burial expenses, loss of income, and pain and suffering. If you have lost a loved one in a motorcycle accident, contact an experienced wrongful death attorney to discuss your legal options.
Tips For Working With An Atlanta, Georgia Personal Injury Lawyer For A Motorcycle Accident-Related Wrongful Death Claim
The following are six tips to guide you if you have lost a loved one in a motorcycle accident and are seeking wrongful death compensation:
This includes gathering important documents related to the accident, such as the police report, accident reconstruction report, and any medical records.
Hire An Experienced Attorney:
This is crucial, as you will need someone on your side who knows the ins and outs of personal injury law and can help build a strong case.
Be Prepared To File A Lawsuit:
In many cases, motorcycle accident claims will end up in court. This means being prepared to take a stand and testify about what happened.
Know The Statute Of Limitations:
Each state has a time limit to file a wrongful death claim. In Georgia, for example, the statute of limitations is two years from the date of death.
The legal process can be slow, so it’s essential to be patient and understand that it may take some time to resolve.
Be Prepared For An Appeal:
If the other side appeals to the decision, be prepared to continue fighting for justice.
How Can A Motorcycle Lawyer In Atlanta Help You?
Motorcycle accidents can often result in serious injuries or death. If you have lost a loved one in a motorcycle accident, you may be entitled to receive wrongful death compensation. This compensation can help cover the costs associated with your loved one’s death, including funeral expenses, medical bills, and loss of income.
Contact a Georgia personal injury lawyer from The Super Lawyer Legal Firm right away to learn more about wrongful death compensation and how to file a claim. A motorcycle lawyer in Atlanta from our firm will help you understand your legal options and guide you through the filing process.
Don’t delay your appointment, reach out to us now!