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 Visalia, the attorneys at Maison Law can help your family take the proper legal recourse for wrongful death compensation.
Contact Maison Law today for a free consultation and case evaluation.
Do I Need a Lawyer if I Lost a Family Member in a Fatal Motorcycle Accident in Visalia?
Navigating the legalities of a wrongful death is an unfortunate reality of losing a loved one in a fatal motorcycle accident. A dedicated attorney can advocate for fair compensation and serve as a support system for you and your family during this difficult time. An attorney will hold the liable party (or parties if multiple defendants are at fault) responsible for your:
- 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
Who Can File a Claim in a Wrongful Death Claim for a Fatal Motorcycle Accident in Visalia?
Family members who can file a wrongful death claim include:
- A surviving spouse or domestic partner
- Children of the deceased
- Grandchildren (if the children are deceased)
- Anyone else who would be 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 “Burden of Proof” in a Wrongful Death Lawsuit?
In a wrongful death lawsuit, the plaintiff is the one who has suffered the loss of a loved one. The plaintiff’s lawyer is obligated to prove each required element of the legal claim. The burden of proof can also be a “preponderance of the evidence,” which means evidence is more likely true than not true. In addition, the plaintiff must prove the defendant acted carelessly and caused the decedent’s death.
At Maison, we know how difficult a time this can be for families who have lost a loved one. That’s why we have a dedicated team of wrongful death attorneys prepared to investigate your loved one’s death, gather evidence, and collect statements from key witnesses to support your claim.
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 Damages Can Be Recovered After a Fatal Motorcycle Accident in Visalia?
The damages in a fatal motorcycle accident aim to compensate the heirs of the decedent for economic and non-economic losses. Also, the period of time the damages are recoverable is determined by the life expectancy of the decedent at the time of their wrongful death. Economic damages are quantifiable losses, which 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
Non-economic damages cannot be calculated in dollar amounts. These include:
- Loss of consortium
- Mental trauma and anguish associated with the loss of a loved one
While some wrongful death cases are tried in court where a jury and judge are involved, many get settled out of court. In settlements, compensation is paid out by the defendant’s insurance and is considered non-taxable by the IRS as wrongful death claims are excluded from gross income.
How Many People Die in Visalia Motorcycle Accidents?
Visalia has averaged around 2.5 tragic motorcycle accident deaths annually over the past 5 years (2020-2024). Tulare County has averaged around 10 tragic motorcycle fatalities a year over that time. That’s according to California’s Transportation Injury Mapping System (TIMS) data.
TIMS reports that Visalia recorded 23 motorcycle accidents involving injuries in 2024, with at least three fatalities. We must keep in mind that each statistic represents a frightening accident, an injured rider, and perhaps families and friends who must say goodbye to a loved one.
Highway 99 through Tulare County has been the scene of 35 motorcycle accidents involving injury over the past five years (2020-2024). Those accidents claimed at least four lives.
Seeking Evidence for a Fatal Motorcycle Accident Claim
Evidence is crucial when filing a wrongful death claim. It’s often even more critical in a claim involving a motorcycle tragedy. Insurance adjusters like to blame riders for most any accident if they can get away with it. They can shift blame away from their policyholders and attempt to pin the fault on the deceased rider, simply to save money. A strong case backed with facts protects families from this shady practice.
Families moving forward and handling their own wrongful death case will want to secure accident reports prepared by law enforcement investigators. They may also need the information on a coroner’s report to back up a claim. A death certificate is also required in some instances to settle the affairs of a loved one.
Here are some helpful links to secure these documents after a Visalia accident:
- Accident Reports: Securing a collision report from the Visalia Police or the CHP.
- Coroner’s Report and Death Certificate. Information on securing documents from a County Coroner or the Public Health Department can be found here.
Families should remember that if they have turned their wrongful death claim over to a lawyer, the lawyer will secure these documents and other evidence for the case.
Grief Counseling for the Family Members of Fallen Riders
After a tragic accident, family members can suffer in silence as they struggle to cope with the loss of a spouse, parent, or sibling.
There are resources available nationally and in Visalia that mourning families can turn to for support and mental health care.
These are just a few of the options available for those in mourning:
- Gears for Heaven – Especially for family members of fallen motorcyclists, this organization offers all kinds of helpful information and support for those in mourning. There are instructions on how to seek financial and emotional assistance after a tragedy. The organization holds online grief therapy meetings. There are also guides for appropriate ways to honor victims to help bring closure.
- Kaweah Health Hospice Grief Support Services. A program through Kaweah Health has support groups for anyone in need. They feature regular meetings and classes for children dealing with grief, groups for those who have lost a spouse, and help for those dealing with grief through the holidays.
- GriefShare – Grief Support Groups meet at several Visalia churches each month. The churches include Visalia United Methodist Church, Gateway Church of Visalia, and The Life Church Visalia.
Contact a Fatal Motorcycle Accident Lawyer in Visalia
If you’ve lost a loved one due to the careless driving of another, the motorcycle accident attorneys at Maison Law are here to get you compensation for the funeral costs, your pain and suffering, as well as all other related expenses.
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 dime until we’ve won your case.
