Motorcycle Accident Claim against a Negligent Driver after a Fatal Wreck
There are no words sufficient to relay the pain of suddenly losing your loved one in a motorcycle wreck. While it may not bring back your loved one or reduce your pain, it can be a comfort to know that you may have a legal means of seeking justice and reparation if another party caused or contributed to the car accident.
Georgia law provides that eligible beneficiaries can file a wrongful death claim to recover damages when their loved one’s death was caused by another’s negligence or carelessness. To learn what your legal options are and to maximize your settlement, you’ll want to speak with a wrongful death attorney in your area prior to taking action.
Do you qualify to file a wrongful death claim or suit?
The spouse or children of the deceased may file a wrongful death claim after a fatal motorcycle accident. The spouse would file the claim on her/his behalf, as well as in the name of any minor children. If there is no surviving spouse or children, the surviving parents of the deceased or the personal representative of the estate can file.
Eligibility to pursue compensation for damages after a fatal motorcycle accident hinges upon the concept of negligence. The driver’s actions must have been careless, reckless, or negligent in some way, and those actions must have been the cause of your loved one’s wreck.
The following are an example of things drivers may do that the courts would likely consider negligence in a wrongful death case.
• Not following traffic laws, e.g., speeding or failing to yield right of way
• Driving without a license
• Cutting off a motorcyclist
• Talking on the phone or texting (distraction)
Compensable Damages in a Fatal Motorcycle Accident Claim
Filing a wrongful death claim enables you to recover the current and future financial and emotional losses associated with losing your loved one.
Georgia law provides that beneficiaries can recover various types of damages in a wrongful death claim, some of which include the following.
- The deceased’s lost wages and benefits (and what s/he would have earned and contributed had s/he lived)
- The loss of care, companionship, support, and guidance that s/he would have given to the children
- Medical expenses s/he accrued from the accident prior to death
- Funeral and burial expenses
- The pain and suffering s/he underwent prior to dying
To determine if you qualify to file a wrongful death claim against a negligent driver, or for help from attorney that’s well-versed in these types of claims, call the Law Office of Jason R. Schultz in Georgia to discuss your case. Contact the office today at 404-474-0804 to schedule a free consultation.