Maison Law is here for the families of fatal motorcycle accidents in Delano. There is no replacing the loss of a loved one, however, you have the option to take legal action against those responsible to get the financial support you need for you and your family during this difficult time. Contact Maison Law today to see what legal options are available to you.
Do I Need A Lawyer for a Fatal Motorcycle Accident in Delano?
While having to deal with the loss of a loved one is difficult enough, the matter only becomes more challenging when trying to battle the insurance company for financial support. The unfortunate truth of fatal motorcycle accidents is that the insurance company is not on your side. Even with something as horrible as losing a loved one, they will be looking to protect their bottom line, paying you as little as they can for the damage done to you and your family’s lives.
For these reasons, it is advisable to seek the counsel of a wrongful death attorney. An attorney’s job in a fatal motorcycle accident case will be to hold all liable parties responsible for your damages, as well as:
- Investigate your accident: we will uncover evidence to support your case and establish liability and the scope of your damages.
- Manage legal paperwork and communications: our firm will handle all communications to help you avoid the risk of inadvertently devaluing your claim by speaking with the defense, as well as allow you to grieve without having to deal with the legalities of your case.
- Negotiate on your behalf: we will work diligently to negotiate a fair settlement for the full value of your case.
- Litigate your case: If a settlement cannot be reached, our experienced wrongful death attorneys will represent you in court and fight for the compensation you and your family need.
Who Can Receive Compensation in a Fatal Motorcycle Accident in Delano?
According to the Code of Civil Procedure, section 377.60, the following people can seek compensation for a wrongful death:
- Surviving spouses
- Domestic partners
- Children
- Grandchildren (only if the deceased person’s children have also passed away
- Stepchildren may claim damages if they were at least 50% dependent on the decedent’s financial support
- Anyone entitled to the deceased’s property under intestate succession law
However, if no one in the decedent’s life fits the listed people above, there are additional individuals who qualify for compensation. If a person is dependent on the decedent such as a stepchild, or parent, they are entitled to compensation.
How Do Wrongful Death Attorneys Determine Fault in Fatal Motorcycle Accidents in Delano?
Proving fault is an important part of recovering compensation after a fatal motorcycle accident. It is normal to be overwhelmed after an untimely loss of a loved one or to think an insurance company would want to provide you with the financial support you need to recover after such a massive loss. Unfortunately, that is not the case. Insurance companies will try to deny fault, or even worse, blame your loved one for the accident.
This is why establishing fault is essential to supporting your claim. The evidence necessary to prove fault includes the following:
- Crash reports, police reports, and witness statements
- Testimony from accident scene investigators and expert witnesses
- Medical evidence, as well as photos
- Video and photos of the accident
- The other driver’s phone records through a subpoena if distracted driving is suspected
Each of these elements can tell a story of how the accident occurred and make it irrefutably clear as to who was responsible for the fatal motorcycle accident.
What is the “Burden of Proof” in a Wrongful Death Lawsuit?
In a wrongful death lawsuit, the plaintiff is the one who has suffered the loss of a loved one. The plaintiff’s lawyer must prove each required element of the legal claim. The burden of proof can also be a “preponderance of the evidence,” meaning evidence is more likely true than not true. In addition, the plaintiff must prove the defendant acted carelessly and caused the decedent’s death.
At Maison, we know how difficult a time this can be for families who have lost a loved one. That’s why we have a dedicated team of wrongful death attorneys prepared to investigate your loved one’s death, gather evidence, and collect statements from key witnesses to support your claim.
What Damages Can Be Recovered After a Fatal Motorcycle Accident in Delano?
The damages in a fatal motorcycle accident aim to compensate the heirs of the decedent for economic and non-economic losses. Also, the period of time the damages are recoverable is determined by the life expectancy of the decedent at the time of their wrongful death. Economic damages are quantifiable losses, which include:
- The financial support received from the decedent
- Loss of income the decedent would have continued to earn
- Funeral and burial expenses
- Loss of benefits the family would have received from the decedent
Non-economic damages cannot be calculated in dollar amounts. These include:
- Loss of consortium
- Mental trauma and anguish associated with the loss of a loved one
While some wrongful death cases are tried in court where a jury and judge are involved, many get settled out of court. In settlements, compensation is paid out by the defendant’s insurance and is considered non-taxable by the IRS as wrongful death claims are excluded from gross income.
Contact a Fatal Motorcycle Accident Lawyer in Delano
If you’ve lost a loved one due to the careless driving of another, the wrongful death attorneys at Maison Law can help you lessen your financial burdens and help you rebuild your life one step at a time. For the legal support you need and a law firm you can trust, Contact Maison Law today for a free consultation and case evaluation. There is no upfront charge or hidden costs, and we don’t make a cent until we’ve won your case.
