Several thoughts are likely running through your head if you lost a loved one in a motorcycle wreck. First, there is the personal loss of a family member. But there are also financial losses your family must consider as well. That might leave you wondering if you can sue for wrongful death, how you can file a wrongful death claim, and how to prove liability.
If someone you care about passed away in a motorcycle wreck, we encourage you to call S. Burke Law. Our compassionate team walks you through the process of filing a wrongful death claim after a fatal motorcycle wreck.
Reaching out to us comes at no risk because we offer free consultations. Call us at 404-842-7838.
Proving Liability for a Fatal Motorcycle Accident
Like other personal injury claims, you must establish the grounds of your suit. The grounds of your wrongful death claim hinges on proving liability and causation. We could prove liability by showing that your loved one’s death was caused by:
- Deliberate act
For example, let us say that your loved one died because another driver was speeding, ran a red light, and struck your loved one’s motorcycle. The actions leading up to the accident would likely establish that recklessness caused the accident. Proving causation requires establishing that the accident caused your loved one’s death.
Eligibility to File a Wrongful Death Fatal Motorcycle Claim
An important thing to note is that not everyone can file a wrongful death claim. And only wrongful death beneficiaries may benefit from a fatal motorcycle wreck. Wrongful death beneficiaries are typically a victim’s surviving loved ones.
Georgia established the following hierarchy to determine who has priority in filing wrongful death claims:
Victim’s Spouse and Children
If the victim left behind a spouse and children, the spouse files a wrongful death on behalf of themselves and the children. If you win the claim, the spouse collects one-third of the settlement, and the children split the rest.
If the victim did not have a spouse but had children, the children can file a wrongful death claim. The children would split the compensation evenly.
If the victim did not have a spouse or children, the parents would hold priority as wrongful death beneficiaries. The parents would also split the settlement.
The Victim’s Estate
If none of the above survived the victim, the victim’s estate holds wrongful beneficiary status. Georgia’s probate laws determine which next of kin collects a settlement in this case.
Compensable Damages You Can Claim for Wrongful Death
S. Burke Law may seek the following damages on your behalf in a wrongful death claim:
- Medical expenses: These damages can include ambulance bills, medical procedures, and surgeries administered to your loved one before their passing.
- Funeral expenses: Funerals are costly affairs, and you should receive the costs for that in a settlement.
- Loss of income: If the victim earned wages, a wrongful death settlement should include the victim’s salary and long-term earning potential.
- Loss of benefits: In addition to income, beneficiaries may recover compensation for benefits such as insurance, 401(k) benefits, pensions, and more.
These figures vary depending on the circumstances of your loved one’s accident, their career, and relationship to the beneficiaries.
Call a Georgia Wrongful Death Attorney Today for Help Filing a Claim
Filing a claim after a fatal motorcycle wreck is one of the hardest things you will ever have to do. No one wants to think about money or deal with the intricacies of personal injury law following a death in the family.S. Burke Law understands that, which is why we strive to make the process as easy as possible for you. Call a personal injury lawyer who will help you fight for compensation. Schedule your free consultation now by calling 404-842-7838.