Wrongful Death in Motorcycle Accidents

Monday, April 25, 2016

Wrongful Death in Motorcycle Accidents

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

Fatal 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.