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
- 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
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