Unfortunately many motorcycle accidents lead to fatal injuries
. Injuries suffered as a result of the crash can be catastrophic and the impact of the collision can cause death. California law permits the heirs or relatives of the deceased party to bring a cause of action for their injuries. Understanding whether you have a case and if you qualify as a relative is important. Motorcycle accident wrongful death attorneys at Downtown L.A. Law can help you with your case.
How to File a Fatal Death Law Suit for a Motorcycle Accident Death
A wrongful death case is one where a loved one dies as a result of someone else’s negligence and a cause of action is brought by their relatives.
Examples of Wrongful Death Cases
Here are some examples of a wrongful death cause of action;
- Your relative was a passenger or driver in a vehicle which was involved in a car accident and subsequently died as a result of his/her injuries. In such cases the family members, relatives, spouse or children can bring a lawsuit against the party responsible for the injuries.
- Death resulting from a motorcycle accident causing death. In such cases the family members, relatives, spouses can bring a lawsuit for injuries.
- Child was killed during a sleepover party where alcohol was distributed by the homeowner to the underage children. Here, the parents had a cause of action against the homeowners.
- Malpractice of a doctor causing death of a loved one. In such cases the doctor and hospital are responsible for the injuries.
- Death caused by the use of a defective product Examples include a defective jack stand which was responsible for the death. Or a defective circular saw which caused death. In each case the surviving spouses, relatives, children or domestic partners can bring a cause of action.
These are only a few examples of a wrongful death suit. The key elements for such a claim are whether the death was “wrongful” and whether there is a qualifying party such as a relative or spouse.
California Wrongful Death Statute – Fatal Accident Claim Laws
California Civil Procedure section 377.60-377.62
outlines wrongful death and who can bring a lawsuit for injuries. The following parties can bring forth a claim for a wrongful death lawsuit:
- The surviving spouse, domestic partner or child can bring a lawsuit. If no such persons exist then the surviving relatives would be able to step in their place in bring a cause of action.
- Minors can bring a cause of action if they lived at the residence of the deceased for 180 days prior to the incident and depended on the deceased party for half of their income or support.
- Domestic partners who were in a registered domestic partnership under the family code.
The following information only paraphrases the statute. Do better understand whether you are entitled to recovery for your injuries, speak to a qualified wrongful death attorney.
Should I bring a wrongful death cause of action?
Deciding to bring a wrongful death lawsuit is a difficult decision to make. Grieving over the loss of a loved one takes time. It is important that you understand your rights. Often times the deceased party was the primary “bread winner” of the household and his/her absence leaves a emotional and financial void. You should not have to worry about the financial burden caused by the loss of your loved one. Having the financial security is important to being able to rebuild and continue with your life.
We understand the tragic loss of a loved one is often times difficult to deal with. The last thing you want to do is bring back memories and deal with this type of lawsuit. Our firm can help alleviate your concerns. We are client centric firm and make sure that we understand what our clients would like to accomplish before we accept a case. Our office can aid you in better understanding what can be done.
Holding the responsible party at fault can also be important when there are medical expenses piling up. In California the spouse or estate of the deceased can be liable for medical costs incurred. As a result the estate and the loved ones of the deceased party can end up owing large sums of money for medical care. This should not be your responsibility. While money will never be a substitute or repair the damage it can make the financial issues more easy to deal with.
What damages can I recover? – Compensation for Family of Victims of Motorcycle Accident Deaths
Under California wrongful death state you can recover for both economic and non-economic injuries. Economic losses include earnings, burial expenses and the value of the decedents household contribution. Non economic harms are for the loss of services from the death of a household member. Loss of services can be emotional, intimate or otherwise. There is a specific way to factor the value of these losses.
How long do I have to file my claim? – Statute of Limitations
California has a 2 year statute of limitation to file a claim for the death of a household member or loved one. Exceptions apply if a public entity was responsible for the death. In such cases the statute can change to 6 months from the date of the injury to file a claim.
Do I pay attorney fees for the other side if I lose?
You are NOT
required to pay attorney fees in the event that your claim was not successful. In such cases the other side will not be awarded attorneys fees in the event that you are not successful in your case.
Can I recover for pain and suffering?
Pain and suffering is never awarded and those rights die with the victim. Courts will not allow you to bring either punitive damage claims or pain and suffering damages for the deceased.
Further Questions –
Call our Wrongful Death Attorneys at the Downtown LA Law Firm if you have any further questions regarding a motorcycle accident death claim
Motorcyclist Traffic Fatalities by State