You can sue for wrongful death after a motorcycle accident if your loved one suffered fatal injuries due to someone else’s negligence. Wrongful death claims can help grieving families recover financial losses related to medical expenses, funeral costs, and loss of income, as well as non-economic losses.
Pursuing a wrongful death lawsuit can provide a pathway to justice and support during this difficult time. You can hire a Fort Lauderdale wrongful death lawyer to explain your legal options and handle the claims process while you grieve and honor the memory of your loved one.
Who Can File a Wrongful Death Claim After a Motorcycle Accident Death in Florida?
In Florida, specific individuals have the right to file a wrongful death claim following a motorcycle accident death. Generally, the lawsuit is filed by the personal representative of the deceased’s estate, who is typically named in the deceased’s will.
However, if there is no named representative, the court can appoint one, often selecting a spouse, child, or parent of the deceased. Eligible individuals who may benefit from the claim include:
- Spouse: The surviving spouse has the right to file for wrongful death and may receive compensation for loss of companionship and support.
- Children: Biological or legally adopted children can also file a claim. If the deceased had minor children, they may have specific rights to seek damages.
- Parents: If the deceased was unmarried and had no children, parents may file a wrongful death claim.
A Fort Lauderdale personal injury lawyer will help you understand the specifics of your situation and ensure that the claim is filed in compliance with Florida law, such as Florida Statute § 768.21. Acting promptly can help secure the compensation needed for the losses experienced due to the motorcycle accident.
More people choose The Schiller Kessler Group because they know that we’re a cut above other personal injury law firms.
A Motorcycle Accident Death Meets Florida’s Serious Injury Threshold
In Florida, the no-fault insurance system typically limits the ability to file a lawsuit for damages following a motorcycle accident. However, if the accident results in a fatality, it may meet the criteria outlined in Florida’s statute on serious injury thresholds, allowing the family of the deceased to pursue a wrongful death claim.
According to Florida Statutes § 627.737, a serious injury is defined as one that causes:
- Significant and permanent loss of an important bodily function: This includes injuries that lead to long-term disabilities or impairments.
- Permanent injury: Injuries that are deemed permanent by a medical professional, such as traumatic brain injuries or severe spinal injuries, meet the threshold.
- Significant and permanent scarring or disfigurement: Injuries that leave lasting physical marks or changes to appearance also meet this threshold.
- Death: The statute explicitly states that death resulting from an accident qualifies as a serious injury, allowing for legal action to be taken by the deceased’s family or estate.
When a motorcycle accident results in death, it inherently meets the serious injury threshold, enabling the family to step outside the no-fault system and file a wrongful death lawsuit against the responsible party.
This legal pathway is crucial for obtaining compensation for various damages, including medical expenses, funeral costs, and loss of companionship.
Understanding these legal provisions can help you sue for wrongful death after a motorcycle accident and work to hold a negligent party accountable.
Compensation You Can Seek After a Motorcycle Accident Death
After a motorcycle accident death, you may qualify for various damages that can help you cope in your loved one’s absence. A Fort Lauderdale wrongful death attorney will assess your losses and help you obtain the compensation you deserve. Common forms of compensation in wrongful death claims include:
- Medical expenses: You can seek reimbursement for any medical costs incurred prior to your loved one’s passing, including hospital bills, surgeries, and other related expenses.
- Funeral and burial costs: This includes compensation for the expenses associated with the funeral service, burial, or cremation of your loved one.
- Lost income: You can seek damages for the income your loved one would have earned had they lived, including future earnings, bonuses, and benefits.
- Loss of companionship: You may also warrant compensation for the emotional pain and suffering experienced due to the loss of companionship, support, and love from your loved one.
- Pain and suffering: You can seek non-economic damages for the physical pain and mental anguish your loved one endured prior to their death as a result of the accident.
- Punitive damages: In cases of gross negligence or intentional misconduct, the court may award punitive damages to punish the responsible party and deter similar behavior in the future.
Each case is unique, and the specific compensation you may be entitled to can depend on various factors, including the circumstances of the accident and the relationship to the deceased. Consulting with a knowledgeable attorney can help ensure that all potential damages are considered in your claim.
The Schiller Kessler Group Will Help You Sue for Wrongful Death After a Motorcycle Accident
Suing someone for wrongful death after a motorcycle accident can be exhausting, and you deserve to grieve your loved one in peace. Our attorneys at The Schiller Kessler Group will help you take legal action after a motorcycle accident death and fight for the compensation you deserve. We have over three decades of experience.
Don’t hesitate to reach out to us for a free consultation. Per Florida Statute § 95.11 (4)(d), you generally only have two years to file a wrongful death lawsuit. Contact us today to take the first step toward justice.
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