MOTORCYCLE WRONGFUL DEATH CASES

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. 

APPOINTMENT OF A PERSONAL REPRESENTATIVE

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.

DAMAGES AVAILABLE IN A DEATH CASE

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.  

WHO HAS A RIGHT TO BE COMPENSATED UNDER THE WRONGFUL DEATH LAW?

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:

• The deceased’s spouse, children, (this includes adopted children) descendants, parents, grandparents, brothers and sisters, and, if none of these persons survive the deceased, then those persons to whom the estate of the deceased would have passed under the probate laws and the laws of the state where the crash occurred.
• The children of the deceased’s spouse (This could include decedent’s step-children).
• Persons named under the will/trust of the deceased, if not violating the subject state’s law.

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.