Gilroy Fatal Motorcycle Accident Lawyer

Maison Law represents the families of fatal motorcycle accident victims in Gilroy. If you’ve suffered the untimely loss of a loved one in a motorcycle accident due to the careless actions of another, Maison Law can help.

The Wrongful Death Attorneys at Maison Law will expertly manage your case and utilize all courses of legal action to get you the compensation you need to get through this difficult time in your life. Contact Maison Law today for a confidential, no-cost consultation.

When to Contact a Fatal Motorcycle Accident Lawyer in Gilroy

If you’ve suffered the sudden loss of a loved one due to a fatal motorcycle accident, it is recommended to seek counsel through a reputable Fatal Motorcycle Accident Lawyer as soon as possible.

At Maison Law, we will not hesitate to file a lawsuit against all parties responsible for your loved one’s death in Gilroy. A lawsuit can benefit your family by recovering compensation for funeral costs, loss of financial support, loss of consortium, and other emotional damages associated with the loss of a loved one. Our knowledgeable and experienced lawyers can also help you in the following scenarios:

• Your loved one was killed by someone else: the details of your loved one’s accident will determine whether your loved one’s wrongful death is a civil or criminal action. A civil action would be considered an accident such as a car crash or work-related accident. A deliberate act such as murder would involve criminal charges being brought against the liable party.
• You are the surviving spouse or family member of the decedent: In California, wrongful death claims are typically filed by a representative of the estate. A wrongful death attorney can file the claim on behalf of the survivors of the deceased.
• The insurance company is neglecting you: It is not uncommon for insurance companies to attempt to lessen your damages. A wrongful death attorney can help you prove the defendant was careless and maximize your compensation. An experienced attorney will be able to show the defendant owed the decedent a “duty of care.” And this duty of care was breached by a direct act from the defendant, which caused your loved one’s death.
• You need financial help: A wrongful death attorney will advocate on your behalf to get you the maximum amount of compensation you are owed. There are numerous losses families suffer due to the untimely loss of a loved one, and there are legal processes to recover all the damages you’ve been forced to suffer.

Available Damages for a Fatal Motorcycle Accident Lawsuit in Gilroy

The damages you can claim from a fatal motorcycle accident in Gilroy will be dependent on the details of the wrongful death. However, most wrongful death cases include the following damages:

• 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

Punitive damages can also be claimed if the decedent’s death was a result of an extremely reckless act or malice. However, punitive damages would need to be filed under a “survival action” claim, which can only be filed by specific members of the deceased’s estate.

Proving Wrongful Death in a Gilroy Fatal Motorcycle Accident

When dealing with a wrongful death, it is not always easy to prove fault, but it is an essential part of receiving damages after an untimely loss. In some instances, there are multiple parties involved, which further complicates who you can sue for damages. In these situations, California uses the legal term “Comparative Negligence” to divide blame amongst multiple “at-fault” parties as stated in California’s Comparative Negligence Law.

Regardless of how many parties are involved, if you can prove someone else’s negligence caused the death of your loved one, you will most likely have a case. The following are four elements of evidence necessary to prove fault in a wrongful death case:

1. Had an obligation to act with reasonable care: For example, if a person is driving a car or a truck they are expected to follow traffic laws, as well as be aware of other drivers on the road.
2. Breached their “duty of care:” The plaintiff must demonstrate they were owed a duty of care by the person at fault. For example, in a fatal motorcycle accident, the duty of care would have been ignored if another car broke a traffic law and was driving dangerously before the collision.
3. Acted careless or reckless: If the defendant failed to act with a duty of care and caused another’s death, the plaintiff must prove the other’s careless or reckless actions resulted in the loss of their loved one.
4. Damages: The plaintiff must be able to prove they suffered damages due to the loss of their loved one.

What is the Typical Compensation for a Fatal Motorcycle Accident in Gilroy?

A wrongful death settlement from a fatal motorcycle accident is the most effective recourse to pursuing justice for the surviving family members of the decedent. Your attorney will take legal action to hold individuals, businesses, or other accountable entities for tragically taking your loved one from you. Once all the at-fault parties have been brought into the lawsuit, the value of your settlement ultimately depends on:

• The age and earning potential of the victim: the lost income is reached by combining the victim’s life expectancy and their earning potential had it not been for the fatal accident.
• Whether or not the victim was partially responsible: California is a “shared fault” state and the victim can be assigned blame for their death, reducing the amount of compensation.
• Insurance policy limits of the at-fault party: drivers are required to have insurance and most do. However, most car insurance policies have caps. So, if the cap is met, then you’ll have to resort to other alternatives.

In addition to these factors are the damages you and your family have had to endure, such as:

• medical bills before the loss of a loved one,
• pain and suffering,
• and loss of the deceased’s income.

Once all these factors are calculated, you will have an idea of what your case is worth. However, an experienced wrongful death attorney will be able to give you a more specific idea of the compensation you can expect to receive.

FAQ

Q: What is California’s “one action” rule?

A: California’s one-action rule says all eligible family members must participate in the same wrongful death lawsuit. This prevents each family member from attempting to sue the liable party multiple times.

Q: What is the process for filing a wrongful death claim or a survival action?

A: To file a wrongful death claim or a survival action, your first step is to meet with an attorney. Maison Law representatives are available 24/7, and we are happy to set up an appointment with you over the phone or in person.

Q: How does wrongful death DUI differ from wrongful death?

A: In cases where drunk driving led to a fatal accident, families may be able to claim additional punitive damages. These damages are rare in wrongful death accidents because those accidents are typically done out of carelessness, rather than extreme recklessness like drunk driving. Punitive damages serve as a punishment to the drunk driver for their wrongdoing.

Contact a Gilroy Fatal Motorcycle Accident Lawyer

If you’ve lost a loved one due to the careless driving of another, the Fatal Motorcycle Accident Lawyers at Maison Law will aggressively pursue compensation from the responsible parties to reach a successful outcome on your family’s behalf. Contact Maison Law today for a completely confidential and free evaluation of your case. There is no upfront charge or hidden costs for our services. We operate on a contingency fee basis, meaning we don’t make a cent unless your case is won.