Fatal Motorcycle Accidents
Losing a loved one is never easy, but it is even more difficult when the loss is unexpected. Unfortunately, each year motorcycle accidents result in the deaths of many riders across the state of Florida. At Lusk, Drasites & Tolisano, our compassionate motorcycle accident attorneys can provide legal assistance to families in Fort Myers and the surrounding area who have lost a loved one to a careless driver. Our team can zealously pursue the compensation that people whom victims leave behind deserve.Asserting Your Rights through a Wrongful Death Claim
According to the United States Department of Transportation’s National Highway Traffic Safety Administration (NHTSA), motorcyclists are 35 times more likely to experience a deadly crash on the road than people in passenger cars. The NHTSA also reports that 11 percent of all roadway accidents that occur in the United States involve motorcycles. In Florida, hundreds of motorcycle riders lose their lives each year, many of them because drivers engaged in negligent behavior like drinking and driving.
If you have lost a loved one in a motorcycle accident, you may be able to recover damages through a wrongful death claim, which is generally based on a theory of negligence. In situations involving the operation of a motor vehicle, each individual is required to meet a certain standard of care. He or she must drive as carefully as a reasonable person would in a similar situation. To establish a wrongful death claim based on negligence, this duty of care must be shown. Furthermore, the defendant must have breached the duty of care, the defendant’s breach must have been the proximate cause of the motorcycle rider’s death, and damages must have resulted from the victim’s death.
Family members who prevail in a wrongful death claim may be able to recover compensation for many forms of damages. Some of these are based on the harm that the victim incurred before death, while others are based on the plaintiffs’ relationship with the victim. In many cases, family members may be able to recover damages for medical bills incurred prior to the decedent’s death, funeral expenses, conscious pain and suffering before death, loss of earning capacity, loss of consortium, loss of companionship, and more.
We understand that families need time to grieve when they lose a loved one. Unfortunately, there is not a long period of time within which they can assert their legal rights. Wrongful death claims must be filed within a certain time frame, known as the statute of limitations. Under Florida law, surviving family members have two years from the date of the decedent’s death to take legal action. Failing to file within this time frame could mean losing your right to seek compensation from any party that was responsible for your loss.Contact a Fort Myers Attorney to Seek Compensation for a Fatal Motorcycle Accident
At Lusk, Drasites and Tolisano, our wrongful death lawyers can carefully advise residents of Fort Myers and other cities on their options after a fatal crash. We understand the emotional toll that such a loss can take on a family, and we handle our cases with sensitivity and diligence. Our firm also represents people from Naples, Port Charlotte, Lehigh Acres, and Sarasota, among other communities. Call us toll-free at (800) 283-7442 or contact us through our online form for a free consultation.