Maison Law represents the families of fatal motorcycle accident victims in Los Angeles. Losing a loved one due to the reckless actions of another can be a devastating thing to process. But there are legal avenues available to you to seek damages for the financial impact and emotional pain this tragic accident has caused you and your family. Contact Maison Law today where our team of compassionate wrongful death attorneys will assist you through each step of the legal process.
Do I Need a Lawyer if I Lost a Family Member in a Fatal Motorcycle Accident in Los Angeles?
It can be difficult to focus on your financial future after the loss of a loved one, but it is recommended to seek the counsel of a reputable wrongful death attorney before signing any legal document or accepting a settlement. The truth is, insurance companies will be hoping you settle early to avoid having to fully compensate for the entire scope of damages done to your life, or having to go to court to allow a judge and jury to decide how much you are owed.
At Maison Law, we explore every avenue of compensation after the untimely loss of a loved one because there are costs associated with a tragedy like this that often get overlooked, or ignored by insurance companies. These costs include:
- Medical bills directly related to the accident injuries from the time of the accident to your loved one’s death.
- Funeral and burial expenses
- Lost income, which includes income from the time of the accident and future lost income
- Loss of household services your loved one used to provide
- Pain and suffering the decedent was exposed to before their untimely death
- Medical bills the decedent may have accumulated
- Loss of consortium
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 File a Wrongful Death Lawsuit after a Fatal Accident in Los Angeles?
Once a wrongful death lawsuit concludes with a settlement, it can sometimes be confusing as to who can be eligible to receive payment. Fortunately, In California, there are laws and procedures to ensure which members can claim compensation. According to the Code of Civil Procedure, section 377.60, the following people can be compensated for a wrongful death:
- A surviving spouse or domestic partner: the law requires they were legally married, or legally partnered before the deceased’s accident occurred.
- Children of the deceased: children and stepchildren are permitted to file a wrongful death claim for the untimely loss of their parent.
- Grandchildren: if the children of the decedent have already passed, then grandchildren can file a wrongful death claim.
- Anyone entitled to the property of the decedent: according to California intestate succession laws, intestate succession means any person who has been allowed by the law to inherit the decedent’s property if the decedent did not have a will. These people typically include the decedent’s parents and siblings.
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.
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 are exceptions to this statute if you’ve waited more than two years to file. Medical malpractice is an exception, giving eligible survivors three years from the date they discovered their loved one’s death was a result of medical malpractice.
The “discovery rule” is another 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 Los Angeles?
Unfortunately, there is no average compensation for a wrongful death claim as the details of every case are different. Non-economic damages such as grief and trauma experienced by the surviving family members of a fatal motorcycle accident make it difficult to determine compensation as these factors do not have a specific dollar amount. Instead, the amount of compensation you can expect to receive will be dependent on the severity of your economic and non-economic damages. These damages 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
Other factors that can impact the amount of compensation you can receive are dependent on details about the decdent and the incident. These details include:
- 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.
FAQ
Q: What is California’s “one action” rule?
A: California’s one action rule says that 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 setup an appointment with you over the phone or in person.
Q: How does wrongful death DUI differ from wrongful death?
A: In cases wehre drunk driving led to the 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 wrong doing.
Contact a Fatal Motorcycle Accident Lawyer in Los Angeles
If you’ve lost a loved one due to the careless driving of another in Los Angeles, the motorcycle accident attorneys at Maison Law are here to give you and your family the attention you need to help you get through this difficult time. We have years of experience in wrongful death cases and liability law to get clients the compensation they need to get their finances back together after the loss of a loved one. Contact Maison Law today for a free consultation and case evaluation.
