Motorcycle accidents can be incredibly dangerous and often lead to serious injury or even death. In fact, more than 35% of the nation’s annual spinal cord injuries are the result of motorcycle and auto accidents.
Fatal accidents involving motorcycles are frequently caused by negligence on the part of other motorists. In these circumstances, loved ones of the deceased may decide to file a wrongful death claim with the assistance of a motorcycle accident lawyer.
But how do you file a wrongful death claim? And what are the types of compensation available to provide closure for those involved with the accident?
Wrongful Death Claims
Wrongful death is a claim brought to civil action against the person or parties believed to be liable for another person’s death. In most cases, the claim is filed by the deceased’s next of kin.
For a family to claim wrongful death in an auto accident, their motorcycle accident lawyer must be able to collect enough evidence pointing to the other motorist’s negligence or misconduct. Common signs of negligence include poor vehicle maintenance, intoxication, reckless driving, and failure to follow the rules of the road.
Who Can File For Wrongful Death?
The deceased’s next of kin is able to file for wrongful death. This includes the deceased’s children, parents, grandparents, or spouse. Others who are eligible to file for wrongful death include:
- The victim’s estate
- Personal representative of the deceased (such as an executor)
- Putative spouse
- Dependent minor living with the deceased (such as a foster child)
- Dependent parent living with the deceased
Keep in mind that many states place limits on who can file wrongful death suits. In most Florida wrongful death cases, the motorcycle accident victim’s spouse, children, parents, and dependent siblings or blood relatives may recover damages.
What Compensation Can You Receive?
Compensation for wrongful death can include medical expenses suffered by the deceased prior to his or her death. Additional compensation includes funeral expenses, burial expenses, loss of support, loss of future income, loss of benefits, monetary losses, and non-monetary damages such as loss of companionship. Keep in mind that the type of damages someone can recover depends on the nature of their relationship with the victim.
How Long Do You Have To File For Wrongful Death?
As with any legal claim, it’s essential to file your claim as soon as possible. In most states, the statute of limitations for wrongful death claims lasts for up to a year. However, the amount of time you have to file begins at the deceased’s time of death. In Florida, virtually all wrongful death suits must be filed within two years of the time of death.
If your loved one was killed as the result of another motorist’s negligence, you may be eligible to file for wrongful death. For more information about filing these claims in Florida, contact the Tampa wrongful death attorneys at Herron Law today.