Fatal Motorcycle Accidents
The loss of a loved one is devastating for your family and your finances. Many families are left in a lurch after a family member unexpectedly dies in a motorcycle accident, especially if they counted on the decedent's income to stay afloat.
Unfortunately, examples of negligence on the road are extremely common. Drivers break traffic rules all the time and their recklessness often create devastating motorcycle accidents. Wrongful death claims are a special type of negligence action.
The concept of negligence can be broadly defined as the failure to use the appropriate level of care in one's actions. In most ordinary circumstances, people are required to behave as carefully as the typical person would act in a similar situation.Filing a Wrongful Death Claim
A person seeking damages through a negligence claim must point to a specific action by the defendant that fell short of the appropriate standard of care. To prevail, it is also necessary to draw a causal link from the defendant's carelessness, or breach, to the accident and identify damages that resulted from it.
Under Florida's Wrongful Death Act, a person can take legal action against an at-fault party when a loved one's death is caused by any "wrongful act, negligence, default, or breach of contract or warranty." Survivors who can seek compensation include the decedent's spouse, children, parents, adoptive brothers or sisters, and any individuals who were wholly or partially dependent on the decedent. The personal representative of the estate is generally the person who files a wrongful death lawsuit on behalf of the survivors.Statute of Limitations for a Fatal Motorcycle Accident
The statute of limitations for a wrongful death action is shorter than for an ordinary personal injury claim. This rule sets the legal time limit within which an individual must file a lawsuit. In the state of Florida, the statute of limitations for a personal injury claim is 4 years from the date of the accident, whereas the statute of limitations for a wrongful death claim is only 2 years.Wrongful Death Damages
The specific amount of damages that can be received will depend on the nature and extent of the loss. The court will examine a number of factors, such as whether the decedent was the primary wage earner, the amount of the decedent's earnings at the time he or she died, and the decedent's assets.
Surviving family members often seek compensation for funeral and burial expenses, loss of income and benefits, loss of companionship, medical expenses prior to the death, and conscious pain and suffering before death.
Our motorcycle accident lawyers can help you file a wrongful death lawsuit so you can get the compensation you need after the loss of a loved one. To request your free legal consultation with one of our Florida motorcycle accident attorneys, call Lusk, Drasites, & Tolisano PA toll free at (800) 283-7442.