Maison Law protects family members who have lost a loved one in a motorcycle accident. If you’ve suffered the unfortunate loss of a loved one due to a fatal motorcycle accident in Dinuba, the attorneys at Maison Law can help your family take the proper legal recourse to successfully get fair compensation. Contact Maison Law today for a free consultation and case evaluation.
Do I Need a Wrongful Death Lawyer for a Fatal Motorcycle Accident in Dinuba?
The unfortunate reality of most motorcycle accidents is that motorcyclists have very little protection when they collide with larger vehicles. And their lives are even more at risk when they encounter a careless driver. Serious accidents can take our loved ones too soon, leaving families with unpayable debts, enormous medical bills, and an uncertain future.
For these reasons, it is advisable to speak with a trusted wrongful death attorney about your legal right to recover damages. At Maison Law, we know there is no replacing the loss of a loved one, but we can help make this process easier by helping you recover:
- Funeral and burial expenses: cover the costs associated with saying goodbye to a loved one
- Loss of financial support: compensation for the loss of income provided before the untimely loss of a loved one
- Emotional distress and support: compensation for the psychological and emotional toll a loss can have on the surviving family members
- Pain and suffering: if the decedent was exposed to pain and injuries before their untimely death, your family can seek compensation for what they had to endure
- Loss of consortium: this covers the loss of love and companionship you and your family have lost
When is a Person Liable for a Wrongful Death in a Fatal Motorcycle Accident?
In the state of California, the surviving family can bring a wrongful death action in a fatal motorcycle accident if a direct act of carelessness, recklessness, or an intentional wrong act caused their loved one’s death. In a wrongful death lawsuit, the plaintiff must prove the defendant:
- Had an obligation to act with reasonable care
- Breached their “duty of care”
- As a result, the plaintiff suffered the loss of a loved one
- The reckless act was foreseeable and could have reasonably been avoided
An experienced wrongful death attorney will be able to support each of these elements with evidence gathered during the discovery phase of the lawsuit. The discovery phase involves:
- Interrogatories: written questions both parties must answer under oath
- Depositions: usually an audio or video recording of a verbal question and answer between both opposing parties under oath and outside of the courthouse
- Request for production of documents: all documents to back up each party’s claims must be presented to both sides
- Request for admission: carefully directed questions to determine whether the party in question agrees with or denies certain claims
What is the Difference Between a Wrongful Death and Survival Action Claims
“Wrongful death” and “survival action” are two types of lawsuits that may be filed against someone who intentionally or carelessly caused the death of a loved one. The difference between the two claims is who is allowed to file.
A wrongful death claim seeks compensation for the surviving loved ones, which covers funeral expenses, loss of financial earnings, emotional support, and loss of companionship, as well as all other things the decedent would have provided.
Survival action seeks compensation on behalf of the estate for the damages endured due to the untimely passing of the decedent. This claim represents the things the decedent would have filed if not for their death, which includes medical treatment and property damage. Survival action also includes punitive damages if the death was caused by extreme recklessness or malice.
It is also important to note that representatives of the decedent’s estate and family members often overlap. So, it is possible for a family member to file a wrongful death claim and a survival action claim if both are warranted. However, these claims adhere to their requirements and statute of limitations. That’s why it is important to have a reputable wrongful death attorney to ensure every avenue of compensation can be explored on your behalf.
What is the Typical Compensation for a Fatal Motorcycle Accident in Dinuba?
There is no average compensation for a wrongful death claim as the details of every case are different. However, the severity of your economic damages and non-economic damages will give you an idea of what you can expect from a wrongful death settlement. These damages combined 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
- Loss of consortium
- Mental trauma and anguish associated with the loss of a loved one
No amount of money will be enough to make up for the loss of a loved one, but you shouldn’t have to suffer for someone else’s careless actions. Our wrongful death attorneys at Maison Law are standing by to give you and your family the support they need to get through this difficult time. Contact Maison Law to see what legal avenues are available to you.
Contact a Fatal Motorcycle Accident Lawyer in Dinuba
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.
