Maison Law represents the families of fatal motorcycle accident victims in Merced. If you’ve suffered the untimely loss of a loved one in a fatal motorcycle accident due to the recklessness of another, the wrongful death attorneys at Maison Law are here to provide you and your family with the legal expertise needed to reach a successful settlement. Contact us today to get the financial support you need for you and your family.
Do I Need a Lawyer if I Lost a Family Member in a Fatal Motorcycle Accident in Merced?
At Maison Law, we understand how difficult it can be to focus on your financial future during this difficult time. That’s why our team of passionate wrongful death attorneys will fight relentlessly for fair compensation on your behalf. Unfortunately, it is typical for insurance companies to try and get you to accept the lowest settlement possible.
This may seem absurd considering you just lost a loved one, but the sad truth is insurance companies will try to take advantage of accident victims, no matter how dire the circumstances. However, at Maison Law, we ensure the liable parties are held responsible for your:
- 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.
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. A 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
Who Can File a Claim in a Wrongful Death Claim for a Fatal Motorcycle Accident in Merced?
It is never easy to cope with a deceased loved one. These traumatic events can flip your world upside down, especially when the incident was caused by the careless act of someone else. California Law allows those who have lost a loved one to file a wrongful death claim to recover the damages done to their life by the responsible party. However, only specific people are allowed to file a claim. Family members who can file a wrongful death claim include:
- 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 ( Civ. Proc. Code 377.60). 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.
What is the Typical Compensation for a Fatal Motorcycle Accident in Merced?
There is no average compensation for a wrongful death claim as the details of every case are different. It is also difficult to assign a dollar amount to the grief and trauma experienced by the surviving family members of a fatal motorcycle accident. However, the severity of your economic damages (such as lost wages and medical bills) and non-economic damages (emotional harm, depression, and anxiety) 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. When you’re ready, contact us at Maison Law to see what legal avenues are available to you.
Contact a Fatal Motorcycle Accident Lawyer in Merced
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.
