Losing a loved one is undoubtedly one of the most painful experiences anyone can go through, especially when it happens under tragic circumstances such as a motorcycle accident. The suddenness and violence of these accidents can leave families devastated and searching for answers and justice. If you have lost a loved one in a motorcycle accident caused by someone else’s negligence or recklessness, you may have grounds to file a wrongful death claim. While no amount of compensation can bring back your loved one, it can provide financial support for the family and hold the responsible party accountable.
During this difficult time, it is essential to seek legal representation to get through the process of a wrongful death claim. Contact an Nashua wrongful death attorney near you with experience in wrongful death cases to explain your rights and guide you through the legal process.
How Can I Prove a Wrongful Death Case?
You prove a wrongful death case the same way you do any other type of personal injury case. You must prove that someone else was negligent by demonstrating each of the following four elements.
Duty of Care
To establish negligence in a wrongful death case, you must prove that the other party owed a duty of care to the deceased. In the context of a motorcycle accident, this typically means showing that the other driver had a duty to drive safely and responsibly on the road.
Breach of Duty
Once you establish that the other party had a duty of care, you must demonstrate that they breached that duty. This can be done by showing that the driver acted negligently, such as by speeding, running a red light, or driving under the influence of alcohol or drugs.
Causation
Next, you must establish a causal connection between the breach of duty and the death of your loved one. In other words, you need to prove that the other party’s actions directly caused or contributed to the fatal motorcycle accident.
Damages
Finally, you must show that you have suffered damages as a result of your loved one’s death. This can include financial losses, such as medical expenses, funeral costs, and non-economic damages, like pain and suffering and loss of companionship.
To file a wrongful death lawsuit, you need evidence that backs up each of these four elements. Your wrongful death attorney investigates what happened and gathers the proof you need to file and prove your case. You may obtain some of the evidence you need through the lawsuit process when you reach the discovery phase of your case.
Quantify the Value of Your Wrongful Death Case
Before you file a wrongful death case, you must also know how much to seek in damages. You need to get this calculation right because you only get one chance to settle your claim or otherwise obtain compensation for the loss of a loved one. Determining the value of a wrongful death case can be complex, as it depends on various factors specific to the case. While each case is unique, you may receive the following elements of compensation as part of your wrongful death claim.
Economic Damages
Economic damages refer to the financial losses incurred as a result of your loved one’s death. This can include medical expenses, funeral and burial costs, loss of income, and future financial support that the deceased should have provided.
Non-Economic Damages
Non-economic damages are more subjective and consider the emotional and intangible losses the surviving family members suffered. This can include pain and suffering, loss of companionship, emotional distress, and mental anguish.
Punitive Damages
In some cases, punitive damages may be available in a wrongful death lawsuit. These damages do not compensate the family for their losses; rather, they punish the defendant for their egregious behavior and deter others from committing similar acts in the future.
To get an accurate estimate of the potential value of your wrongful death case, it’s crucial to consult with a wrongful death attorney. They will consider the specific circumstances of your case, analyze the damages you have suffered, and work to ensure that you receive fair and just compensation.
Who Can File a Wrongful Death Lawsuit?
In most states, only certain individuals or entities are eligible to file a wrongful death lawsuit. The specific laws vary from state to state, but generally, the following parties may have the right to file a wrongful death claim.
- Spouse and Children: In many jurisdictions, the deceased person’s spouse and children have the first right to file a wrongful death lawsuit. If the deceased was married, their spouse can typically file the claim, and if there are children, they may also be eligible to participate in the lawsuit or receive compensation.
- Parents: If the deceased person does not have a surviving spouse or children, the right to file a wrongful death claim may pass to their parents. This is more common when the deceased is a minor or unmarried.
- Personal Representative of the Estate: In some cases, the personal representative of the deceased’s estate must bring a wrongful death lawsuit on behalf of the estate and the surviving family members. This allows the estate to recover damages for losses such as medical expenses and lost income.
Even if a member of the family cannot file the wrongful death case themselves, they may still share in the proceeds. Each state has a different hierarchy regarding who can receive payment from the proceeds of the case. For your family’s part, you must work together so you can file the most effective wrongful death lawsuit.
Consult a Wrongful Death Attorney Today
An experienced wrongful death lawyer can provide you with strong representation in the legal process, fighting to get your family the compensation you deserve. If you learn a fatal motorcycle crash has tragically affected your family, compassionate legal help is available.
Consultations are free, and you will not regret starting the process of seeking justice and financial support. Call personal injury lawyer today for help.