San Diego Motorcycle Accident Wrongful Death Claim
Motorcycle accidents claim the lives of more than 100 people in California each year. When the negligence of another party is a factor in the accident, the family has the right to demand compensation from them. Wrongful death claims after fatal motorcycle accidents demand compassionate legal defense.Â
According to the National Highway Transportation Safety Administration (NHTSA), 119 motorcyclists lost their lives on California highways in 2018 alone. Of those, 87 were not wearing helmets. Motorcycle accidents  can happen for a number of reasons, and while a helmet certainly makes the ride safer, it doesn’t guarantee anything. Motorcycle accidents can often be attributed to the negligence of other drivers on the road. Wrongful death attorneys in san diego are available to help you if your loved one was killed by one of these drivers.
Do you have a wrongful death claim?
Generally, if the person who died could have filed a personal injury lawsuit if they had lived, then someone can file a wrongful death lawsuit on their behalf. Wrongful death is an extension of personal injury law with its own requirements. For example, a spouse, child, or parent of the deceased must file the lawsuit on their behalf. If the decedent previously appointed a personal representative, that person can sue. Otherwise, the court will name one of the family members as one.
To have a successful wrongful death claim, the personal representative and your San Diego wrongful death lawyers must have the ability to demonstrate the following:
- Another driver had a duty of care, such as looking before changing lanes
- That driver violated his duty of care, or in other words, did not act as a reasonably prudent driver would in similar circumstances
- Breach of duty led to motorcycle accident
- The motorcycle accident fatally injured the victim, causing harm to them and their family members
Damages in a motorcycle wrongful death claim
The plaintiff can seek numerous types of damages in a wrongful death claim. Some are in the name of the deceased person, some are for their estate, and some are for family members. Your San Diego wrongful death attorney can explain which of these damages apply to your claim:
- Pain and suffering of the deceased
- Expenses for medical treatment and hospital care before your death
- Funeral, burial, and cemetery costs
- Past and future lost wages
- Loss of companionship, guidance, and consortium
- Pain and emotional suffering of family members
- Missed services to family or home
- Lost financial support for family members, plus any reduced inheritance from your estate
Hire a compassionate San Diego wrongful death attorney  to defend your family
After losing a loved one in a car accident in San Diego , you need an advocate on your side who understands how fatal motorcycle accidents happen and who may be responsible. You need a knowledgeable advocate who will hold those people accountable for their actions. Contact our office and receive your free, no-obligation consultation with a San Diego wrongful death attorney today.