Motorcycle Accident Wrongful Death FAQ

A Southern California motorcycle accident that ends in a death is an extremely serious matter. Aside from the mental and emotion anguish that comes with a the loss of a loved one, there can also come a financial loss. This is especially true if the victim of the motorcycle accident was the family breadwinner, or in some other way was a financial pillar to those they left behind. But in cases such as these, an experienced motorcycle accident attorney can assist the deceased’s survivors in finding compensation for the financial loses due to medical bills, as well as costs associated with the funeral.
Beyond this, further claims may be awarded to compensate for the money lost in future earnings that the deceased would have earned and used to support their family or dependants. Below you fill find answers to common questions asked of Wrongful Death cases. If you have lost a loved one due to wrongful death in a motorcycle accident and could use the assistance of a skilled and experienced motorcycle accident attorney, contact the California Attorney Group today at (866) 650-0505.
Understanding Wrongful Death
What is Wrongful Death? – A wrongful death is either a negligent, reckless or intentional actthat results in the death of another person. In the case of your motorcycle accident, this might be a careless driver, a drunk or belligerent driver, or even a driver who maliciously intended to injury or kill the victim. Aside from the injuries and death themselves, wrongful death cases seek to compensate the family of the victim for the financial and emotional losses associated with the death.
How is Wrongful Death different from Murder? – The simple answer is that murder is a criminal charge in which the plaintiff is the state or federal government, with the result ranging from jail time to other criminal penalties. A wrongful death is a civil charge in which the plaintiff is a private citizen, with punishment founded on claims of financial and pecuniary damages. Also, the burden of proof in a wrongful death case may be much less stringent than in a murder case.
How is Wrongful Death different from Malpractice? –Malpractice is improper or illegal treatment or activity by a medical, legal or public professional, which can result in wrongful death, but does not necessarily. In essence, malpractice can be a specific kind of wrongful death case.
Wrongful Death as a Civil Issue
Who can sue? – Generally, husbands and wives, sons and daughters, mothers and fathers and domestic partners of the deceased are allowed to bring a wrongful death lawsuit against the accused party.
How are Damages determined? – Damages are typically determined by the actual losses—which include medical and funeral bills—along with estimations on the deceased’s positional earnings which are now lost. This last estimation, as well as the pain and suffering suffered by the survivor’s, depend on the strength of witness testimony, the skill of your attorney, as well as the disposition of the judge and/or jury.
What is the Statue of Limitations in a Wrongful Death case? – In California, you generally have 2 years from the time of the wrongful death incident to bring forth a lawsuit or claim before you the opportunity evaporates.
What are “Survival Statutes?” – This allows the survivors or inheritors of a party engaged in a lawsuit to continue the lawsuit in the event of that party’s death.
When will you have to share a Wrongful Death Settlement? – This will depend on the relatives involved in the lawsuit and the kind of action that your attorney suggests to engage in.
If you have any further questions or concerns regarding your motorcycle accident wrongful death claim, do not hesitate to contact the California Attorney Group today. Our skilled and seasoned motorcycle accident legal team has helped many wrongful death victims all over Southern California. Contact us today at (866) 650-0505, or visit us online at CaMotorcycleAttorney.com.