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.
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;
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 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 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.
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. More information; Motorcyclist Traffic Fatalities by State
Over $500 Million Recovered
for Our Clients
By submitting this form, you agree to receive telephone calls and text messages at anytime, which include hours outside of business hours (8:00 am PST – 9:00 pm PST). This is so that we may reach you as soon as possible in order to consult on your potential case.
LOS ANGELES OFFICE
4113 Clinton Ave,
Los Angeles, CA 90004
(855) 339-8879
BAKERSFIELD OFFICE
2005, Eye Street, Suite 4
Bakersfield, CA 93301
(661) 219-7455
MODESTO OFFICE
3430 Tully Road
Modesto, California 95350
(209) 353-4493
ORANGE COUNTY OFFICE
2372 Morse Ave.
Irvine, California 92614
(949) 627-8725
SAN DIEGO OFFICE
01 West Broadway
San Diego, California 92101
(619) 413-0161
OXNARD OFFICE
105 N Oxnard Blvd,
Oxnard, CA 93030
(805) 263-4423
SAN FRANCISCO OFFICE
1 Sansome St. Suite 3500-11
San Francisco, California 94104
650-651-5006
VENTURA OFFICE
701 E Santa Clara St
Ventura, California 95816
805-292-0367
INLAND EMPIRE OFFICE
7121 Magnolia Ave
Riverside, California 92504
909-340-3929
VICTORVILLE OFFICE
13782 Bear Valley Rd.
Victorville, California 92392
(760) 563-4384
FRESNO OFFICE
5588 N Palm Ave
Fresno, California 93704
(559) 556-0227
SAN FRANCISCO OFFICE
388 Market St #1300
San Francisco, California 94111
(415) 362-6079
SACRAMENTO OFFICE
1601 Alhambra Blvd
Sacramento, California 95816
(916) 931-1965
SAN FRANCISCO OFFICE
1 Sansome St. Suite 3500-11
San Francisco, California 94104
(650) 651-5006
MIAMI OFFICE
11900 Biscayne Blvd North
Miami, Florida 33154
EL PASO OFFICE
4600 Alabama St #C
El Paso, Texas 79930
(915) 201-3865