When a motorcyclist dies because of an accident involving a motor vehicle, the state’s Wrongful Death Act applies.
Ultimately an Estate must be opened, and a Personal Representative must be appointed by the Court. The Personal Representative stands in the shoes of the victim and can bring a lawsuit against all parties that are potentially responsible for the death.
Any money obtained in a lawsuit, in a way, becomes proceeds of the Estate and is distributed to those who qualify to receive it under the law. The Court must authorize the settlement and the distribution of the proceeds. This creates a ‘check and balance’ to make sure the family members are protected and are given Notice and opportunity to be heard on who gets how much.
If there is a Will, the deceased probably has named someone as his or her Personal Representative; that person would probably be appointed by the Probate Court. If there is no will, the court will appoint a Personal Representative according to statutory requirements.
The Personal Representative of the deceased’s Estate has the power to hire a personal injury attorney and make decisions on behalf of the Estate. We commonly appoint co-personal representatives (two individuals) if there is any dispute or worries within the family.
The major damages recoverable in a Wrongful Death action include: (1) pain and suffering that the deceased suffered before her death, (2) future wage loss and (3) loss of society and companionship.
The persons who may be entitled to damages under the Wrongful Death Act of most states are typically limited to the following who suffer damages and survive the deceased:
Other persons with special standing or relationship with the deceased may be entitled to compensation. The above list should not be considered as all inclusive.
We have handled numerous motorcycle wrongful death cases which have obtained millions for family members. We work on a contingency basis, meaning there is never a fee until and unless we win for you. Call for a free case evaluation. Time is of the essence.