Maison Law represents the families of fatal motorcycle accident victims in Long Beach. If you’ve suffered the untimely loss of a loved one in a motorcycle accident due to the careless actions of another, the wrongful death attorneys at Maison Law are here to get you the financial support you need to get through this difficult time. Contact Maison Law today for a free consultation and case evaluation.
Do I Need A Lawyer for a Fatal Motorcycle Accident in Long Beach?
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. That’s why it is recommended to partner with a wrongful death attorney to protect your right to compensation and hold the insurance company responsible for your damages. These damages include:
- 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.
Who Can Receive Compensation in a Fatal Motorcycle Accident in Long Beach?
Once a wrongful death lawsuit concludes with a settlement, it can sometimes be confusing as to who can be eligible to receive compensation. Fortunately, In California, there are laws and procedures to ensure who can be compensated. 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 can be entitled to compensation.
What are the Statute of Limitations for Filing a Wrongful Death Claim?
In California, eligible survivors have two years from the time they lost their loved one to file a wrongful death suit. However, there is an exception to this statute if you’ve waited more than two years to file. The “discovery rule” is an exception used when the survivors could not have reasonably known their loved one had died. This rule allows a two-year statute to begin from the date the family members became aware of the decedent’s death.
What is the Typical Compensation for a Fatal Motorcycle Accident in Long Beach?
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 away your loved one. 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 Fatal Motorcycle Accident Lawyer in Long Beach
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.
