Wrongful Death in Motorcycle Accidents
Every year, motorcyclists lose their lives in fatal traffic accidents in California. If you are faced with this unimaginable tragedy, it can be difficult to know what to do next. Filing a wrongful death claim in Los Angeles with assistance from an experienced attorney can allow your family to hold someone accountable for the fatal motorcycle accident, as well as compensate your family for related losses.
Your Rights After a Fatal Motorcycle Accident in California
In California, surviving family members have the right to file a civil lawsuit against one or more parties in pursuit of financial compensation for the wrongful death of a loved one. California Code of Civil Procedure § 377.60 grants this right to survivors when the death of a person is caused by the “wrongful act or neglect of another.” If an investigation of your loved one’s deadly motorcycle accident shows that someone else caused or contributed, such as a negligent motor vehicle driver texting while driving, your family has the right to file a claim against that person or party. All drivers in California must carry automobile insurance to pay for collisions they cause. An insurance claim or wrongful death lawsuit asserted against one or more parties can give your deceased loved one a voice in the justice system. It can hold someone responsible for your immeasurable loss and help your family move forward with the financial compensation that you deserve.
Who Can Recover Compensation in a Fatal Motorcycle Accident Case?
State law allows a surviving spouse, domestic partner, child, issue of a deceased child or anyone entitled to the property of the decedent by the laws of intestate succession to file a wrongful death claim. In addition, the personal representative of the decedent’s estate can file on behalf of heirs or beneficiaries. If a wrongful death case for a fatal motorcycle accident results in a settlement or judgment award, the money will be divided among the decedent’s heirs. In general, eligible loved ones will divide the money among themselves as they see fit. If they cannot agree on how to divide the settlement, the courts can intervene.
How to File a Wrongful Death Claim in California
After a fatal motorcycle crash in California, your family should involve the police for an in-depth investigation into the circumstances of the accident. If another driver is involved, an investigation may show that he or she violated a traffic law or was otherwise negligent, and that this was what caused the crash. Evidence can help your family build a strong foundation for a wrongful death claim. Document the fatal accident in as much detail as possible. Collect copies of all relevant records, such as your loved one’s medical records, a coroner’s report and the police report. Then, bring your files to an experienced wrongful death lawyer in Los Angeles for a case review. A Los Angeles motorcycle accident attorney can give your family personalized legal advice about how to move forward with a claim. If you have grounds for a wrongful death case, your lawyer can handle the legal paperwork and take over settlement negotiations for you. If an insurance company tries to blame your loved one for the wreck, your attorney can combat these arguments with convincing evidence. You can count on your lawyer to fight for positive case results while you concentrate on trying to heal. For a free wrongful death motorcycle accident case consultation in Los Angeles, contact Rose, Klein & Marias, LLP.