When you lose a loved one in a motorcycle accident, your family will never be the same. You will likely face difficult decisions and have many questions about what to do next. When you are struggling with profound loss, you need compassionate and skilled guidance to understand your legal rights and options.
The experienced motorcycle wrongful death attorneys at Case Barnett Law can help you navigate the complicated process of filing a wrongful death claim after you lose a family member in a motorcycle crash. While we understand that no amount of compensation can bring back your loved one or repair the hole in your life, taking legal action can help provide financial stability and help hold negligent parties liable for their actions. Here, we discuss the process of filing a wrongful death claim and how we can help you obtain a fair settlement.
Who Can File a Motorcycle Accident Wrongful Death Claim in Orange County
Under California law, specific family members have the right to pursue a wrongful death claim if their loved one dies in a fatal motorcycle accident. These typically include the following:
- Surviving spouse or partner. If you are a husband, wife, or registered domestic partner, you have priority status in bringing a wrongful death action and recovering damages for loss of companionship and financial support.
- Dependent children. If you are a minor or adult child who relied on the deceased for financial support, you can seek compensation for lost parental guidance and future inheritance.
- Parents and siblings. If there is no surviving spouse or children, the deceased’s parents or siblings may have standing to file a claim if they can demonstrate financial dependence.
- Estate representatives. The personal representative of the victim's estate can pursue certain claims on behalf of the estate and heirs.
The Process of Filing a California Motorcycle Wrongful Death Claim
In California, there is a two-year statute of limitations on filing a wrongful death claim. This starts from the date of death. That may seem like a long time, but it’s important to begin the legal process as soon as possible when you can still obtain critical evidence and eyewitnesses still have a clear memory of the accident.
You may wonder what’s involved in proving negligence in a wrongful death case and what the legal process is like to obtain fair compensation for your family. Here, we discuss some crucial steps in this process:
#1 Obtain Legal Representation
It’s always beneficial to hire an attorney after a vehicle accident, but it’s especially important after a fatal crash. Your first meeting with a wrongful death attorney will typically involve reviewing the details of the accident and learning about your family's situation. The attorney may discuss the following:
- Who can legally file the claim. There is a hierarchy of family members who are allowed to file, and your lawyer will explain this more fully.
- The types of compensation that may be available in your case. This may differ from what you’ve heard from others or read online but could include: medical bills from ER care; funeral and burial expenses; lost future income; value of lost benefits and pension; and non-economic losses.
- How long the process could take. Based on knowledge of similar cases, your lawyer will likely offer a tentative timeline to resolve your wrongful death claim.
- The evidence you’ll need. This can include a variety of items, and our wrongful death motorcycle accident lawyers will go over all that’s needed to build a strong case.
- What to expect from insurance companies. Because our lawyers understand the underhanded tactics insurance companies often use, we’ll take over communication with them and help guide you to avoid mistakes that could jeopardize your claim.
#2 File Your Complaint
If you hire us as your attorney, we will prepare and file a formal complaint that provides the following information:
- The basic facts of the case
- The legal theories that help support your claim
- The parties you believe are responsible for the wrongful death
- The types of damages you are seeking
- The legal basis for recovery that explains why you’re entitled to seek compensation based on existing laws and precedents
#3 Gather Important Evidence
There is a variety of evidence that can help your motorcycle wrongful death claim, and the sooner it’s collected, the better. We know how difficult it might be for you to go to the crash site; however, this evidence will likely be critical to your claim. Any photos you can take of the accident vehicles, the location where the accident occurred, any surveillance footage you can get, and any witness statements you can obtain may help your case. Our Orange County motorcycle accident lawyers can help ensure that this important evidence is collected and preserved.
#4 Gather Critical Documentation
You will need many important documents to move forward with a motorcycle wrongful death claim. These include:
- Police and accident reports
- Medical records from the deceased’s ER treatment
- Insurance policy information
- A death certificate for the deceased
- Employment and income records for the deceased
- Marriage or birth certificates that prove your family relationship
How Our Attorneys Can Help: Investigating the Accident and Building Your Case
Our attorneys will investigate the events of the accident to fully understand what happened to help determine who was at fault. This may include any of the following:
- Examining your loved one’s motorcycle and the other vehicles involved to gather evidence about how badly damaged they were
- Conducting accident reconstruction analysis
- Researching the road conditions where the crash happened, weather conditions, and traffic controls at the time of the accident
- Collecting witness statements from those who may be listed in the police report
- Gathering and analyzing the deceased’s medical records
- Consulting with expert witnesses
- Evaluating and responding to all settlement offers
Handling Settlement Negotiations
At Case Barnett Law, we know that most wrongful death claims are resolved through settlement negotiations. This legal process requires the skill and experience our motorcycle accident wrongful death attorneys bring to the table. During negotiations, we may do any of the following:
- Present evidence of liability that shows how and why the other driver was responsible for the death of your loved one.
- Document the full scope of losses, including economic and non-economic damages. We will need to show loss of income, loss of benefits, and/or emotional and psychological trauma. We may call in a health provider or an economist to speak to these issues.
- Respond to defense arguments.
- Evaluate settlement offers and offer guidance about low-ball offers.
- Advise you on whether to accept an offer or continue negotiating.
If a fair settlement can’t be reached, our attorneys will take your case to court. To prepare for this, they will file the necessary court documents and conduct depositions, and they may also create exhibits and demonstrations, bring in expert witnesses, and prepare family members to testify. Our Orange County motorcycle accident lawyers will guide you through each step of the wrongful death claims process while treating your case with the compassion and dedication it deserves. Read our case results to learn how we have helped clients file wrongful death claims.