Wrongful Death Claims After Fatal Motorcycle Crashes

Thursday, October 15, 2020

Wrongful Death Claims After Fatal Motorcycle Crashes

Written by Malman Law, reviewed by Steve J. Malman.

Motorcycle accidents claim the lives of more than 100 people in Illinois each year. When another party’s negligence is a factor in the accident, the family has a right to seek compensation from them. Wrongful death claims after fatal motorcycle accidents demand compassionate legal advocacy. 

As per the National Highway Transportation Safety Administration (NHTSA), 119 motorcyclists lost their lives on Illinois roads 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. Chicago wrongful death lawyers are available to help you if your loved one lost their life to one of these drivers. 

Do You Have a Wrongful Death Claim?

Generally, if the person who died could have filed a personal injury lawsuit had they 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 decedent must file the lawsuit on their behalf. If the decedent previously named a personal representative, that person can bring the lawsuit. If not, the court will appoint one of the family members as one. 

To have a successful wrongful death claim, the personal representative and their Chicago wrongful death lawyer will need to have the ability to prove the following:

  • Another driver had a duty of care, such as looking before switching lanes
  • That driver breached their duty of care, or in other words, they didn’t act like a reasonably prudent driver would under similar circumstances
  • The breach of duty caused the motorcycle accident
  • The motorcycle accident fatally injured the victim, causing them and their family damages

Damages in a Motorcycle Wrongful Death Claim

The plaintiff can seek numerous types of damages in a wrongful death claim. Some are on behalf of the deceased person, some are for their estate, and some are for family members. Your knowledgeable Chicago wrongful death attorney can explain which of these damages apply to your claim:

  • Pain and suffering of the decedent
  • Expenses for medical treatment and hospital care before their death
  • Funeral expenses, burial, and cemetery costs
  • Past and future lost wages
  • Loss of companionship, guidance, and consortium
  • Emotional pain and suffering of the family members
  • Lost services to the family or the household
  • Lost economic support for family members, plus any reduced inheritance from their estate

Hire a Compassionate Chicago Wrongful Death Lawyer to Advocate for Your Family 

After losing a loved one in a car accident, you need an advocate on your side who understands how fatal motorcycle accidents happen and who can be liable. You need a well-versed advocate who will hold those people accountable for their actions. You will find that advocate at Malman Law. Receive your free no-obligation consultation with a compassionate Chicago wrongful death lawyer today. Call (312) 629-0099 or use our online contact form.

Steve Malman

Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, truck accidents, car accidents, premises liability, construction, and workers’ compensation cases in Chicago, IL.

Years of experience: +30 years
Justia Profile: Steve Malman
Illinois Registration Status: Active and authorized to practice law—Last Registered Year: 2024

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by President and Founder, Steven J. Malman who has more than 20 years of legal experience as a personal injury attorney.

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