Sunday, August 15, 2010

Motorcycle Accidents and Wrongful Death Lawsuits

The fatality rate for motorcycle accidents is very high. As a result, many motorcycle accident lawsuits are wrongful death lawsuits. Wrongful death lawsuits are cases in which a family member of the victim chooses to sue the negligent person responsible for their loved one's death.

If you have a family member who was recently killed in a motorcycle accident and you are thinking about filing a wrongful death lawsuit, you should be sure that the following can be proved before going forward:

  • The death was caused, in whole or part, by the conduct of the defendant
  • The defendant was negligent or strictly liable for the victim's death
  • There is a surviving spouse, children, beneficiaries or dependants
  • Monetary or emotional damages have resulted from the victim's death
The types of damages that can be sought in a wrongful death lawsuit vary a fair amount from those of a regular personal injury case. Family members, beneficiaries or dependants involved in the lawsuit may seek damages in the form of:
  • Any hospital expenses, home care or other medical expenses resulting from medical care for the victim prior to the death.
  • Sorrow and mental anguish caused by the loss of companionship felt after the death
  • Compensation for loss of income that was brought in by the victim
  • Loss of services, protection, care or assistance which were provided to beneficiaries by the victim
  • Loss of future earnings that would have been made by the victim
  • Loss of medical benefits
  • Loss of inheritance
  • Pain and suffering
  • Funeral expenses up to a certain point
Wrongful death lawsuits make it possible for justice to be served in a civil court even after death.

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