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wrongful deathFatal motorcycle accidents are common, and are often the result of negligence on the part of the other involved motorist. It is important that, after a fatality in the family, you seek legal counsel from experienced and compassionate attorneys who understand motorcycle accident claims.

There are thousands of fatal motorcycle accidents reported in the United States each year. Most of these accidents are preventable. In most cases, motorcycle accidents are caused by negligence of another driver. When a person’s negligence causes a fatality, the family members of the deceased (the next of kin) may have legal recourse to act as plaintiffs in a wrongful death suit.

Defining the Next of Kin

A motorcycle accident victim’s next of kin may be legally entitled to compensation for the loss of their loved one, following a fatal accident. Individuals who are considered next of kin in Illinois courts include spouses, children, surviving parents, and siblings.

What Compensation is Available in a Wrongful Death Claim?

The compensation awarded in a wrongful death claim is not the same as if the accident victim were still alive. Instead, these damages are awarded to surviving family members to cover their financial losses, as well as the loss of their loved one (i.e., emotional suffering). The damages that could be applied to a wrongful death claim include, but are not limited to:

  1. Medical expenses accumulated from the accident
  2. Funeral and burial expenses
  3. Loss of future income that the deceased would have earned and/or contributed to the family
  4. Loss of benefits, including retirement or insurance
  5. Loss of financial and emotional support
  6. Non-monetary damages, such as the emotional suffering of losing a loved one, loss of companionship, etc.
  7. Other monetary losses that are a direct result of the motorcycle accident
  8. Loss of inheritance
  9. Loss of services, protection, or care
  10. Pain and suffering

Do I Have a Wrongful Death Claim?

Not all fatal accidents are eligible for wrongful death claims. If you recently lost a loved one due to a fatal motorcycle accident, and you are considering whether or not it may be a wrongful death claim, several things must be established:

  • The death was the result of the defendant’s conduct – such as a drunk driver; and
  • The defendant acted negligently and is strictly liable for the death; and
  • There is a surviving family member who can file a wrongful death lawsuit – such as a surviving spouse, parent, or child; and
  • There were monetary or emotional damages that resulted from the death.

Speak with a Motorcycle Accident Attorney to Assess Your Claim

If you have lost a loved one due to a fatal motorcycle accident, you and your loved ones may be entitled to compensation under Illinois law. In order to see if your case qualifies for compensation, contact the expert motorcycle accident team at Malman Law. We offer free, no-obligation case assessments. To get started, fill out our online contact form with your questions.

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  • Steven Malman was selected to the list. The list is issued by the National Academy of Personal Injury Attorneys. A description of the selection methodology can be found at

  • Steven Malman was selected to the list for 2018-2019.

  • Only the top 100 trial lawyers from each state or highly-populated regions of certain states who are actively practicing in civil plaintiff and/or criminal defense law are eligible for invitation. Invitees must demonstrate superior qualifications, leadership skills, and trial results as a legal professional. The selection process for this elite honor is based on a multi-phase process based upon objective and uniformly applied criteria which includes peer nominations combined with third party research.

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  • The American Institute of Trial Lawyers is an invitation only professional organization composed of premier trial attorneys from each state. These attorneys exemplify the very best qualities and qualifications of an attorney. Each attorney must meet stringent qualifications as a civil or criminal trial attorney. These attorneys practice in a variety of fields to help and promote the ethical and elite practice of law. Selection is based on a thorough multi phase process which includes peer nominations and third party research. Each member must be in good standing with their local compliance organization. Membership is extended to only a select few in each state and/or region.

  • As the founder of Steven J. Malman and Associates, P.C., Attorney Steven Malman has 21 years of experience handling personal injury, nursing home, medical malpractice, premises liability, construction and workers’ compensation cases. Mr. Malman is one of Chicago’s leading authorities on personal injury law and has taken a special interest in defending the elderly from neglect and abuse. He has personally handled over 10,000 cases successfully, and collected hundreds of millions dollars for his clients.

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