You can sue for wrongful death in a motorcycle accident lawsuit if you lost a loved one. Such an action could help you secure a settlement or judgment to pay for any losses that either the accident or your loved one’s passing caused.
How to Sue for Wrongful Death
After suffering a loss, you can file an insurance claim for your losses. The insurance company might accept this claim or deny it. If you cannot get the insurer to pay you fairly, you can file a lawsuit.
You would then need to negotiate with the other party for a fair award or argue that you deserve compensation in court.
The Kinds of Damages You Could Recover from a Wrongful Death Lawsuit
The loss of a family member is worse than a hit to your wallet. Your emotional pain and anguish might be overwhelming. Ohio Revised Code (ORC) §2125.02 states that you could recover an award to cover:
- Loss of your loved one’s support and income
- Loss of society (“companionship, consortium, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, and education, suffered by the surviving spouse, dependent children, parents, or next of kin of the decedent”)
- Loss of inheritance
- Mental anguish
You could also receive compensation for any remaining medical bills your loved one did not pay prior to their passing.
Parties You Could Hold Liable in a Motorcycle Accident Case
The motorcycle rider might not be the only liable party in your case. If the rider was working under the scope of their employer at the time of the accident, you might be able to pursue damages from their boss.
For instance, a food delivery driver might have harmed your loved one. They (and their employer they were delivering for) could be liable for your losses.
Also, a municipality could owe you damages if their negligence led to your family member’s harm and subsequent passing. A broken traffic light that led to a fatal T-bone accident could make the municipality liable.
How You Can Prove the Liable Parties Owe You Damages
Securing a financial award depends on proof. You will have to hunt for information that supports your claim for compensation. This evidence might include:
- Photos and videos of the accident
- Photos of your loved one’s injuries prior to their passing
- Your loved one’s death certificate
- The accident report
- Written records your family member created that detailed their pain
- Receipts from your family member’s treatments and surgeries
You can try to speak to eyewitnesses to the accident about what they might have seen. This can be easier if you noted the names and contact information of these parties at the scene of your loved one’s injury or accident.
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You Could Hire a Lawyer with Our Firm to Help You with Your Wrongful Death Case
A lawyer on our team could handle your entire case for you. You deserve to spend time with your family. We can take on the tasks your case requires, including:
- Searching for evidence
- Negotiating with the insurance company or the other party’s team
- Informing you of your options
- Protecting your rights
- Filing all required paperwork
- Interviewing eyewitnesses and expert witnesses
Your lawyer will have knowledge about the Ohio legal system and wrongful death case compensation. You do not have to educate yourself when legal aid is available.
How Long Your Case Will Take to Resolve
Every case is different, so there is no single answer to the question of how long your case will take to resolve and when you could see a financial award.
However, the American Bar Association (ABA) asserts that most lawsuits are settled before they reach the courtroom. We will do our best to secure you a fair monetary award during the negotiation process.
You Have Limited Time to File Your Claim
ORC §2125.02 states that family and appointed representatives have two years to file a lawsuit. Certain circumstances could also toll this timeline. Speaking to your legal team can be helpful when determining if this applies to your case.
Our Attorneys Can Help You Sue for Wrongful Death
Our lawyers can file your wrongful death lawsuit for you and help you sue the liable party (or parties) in your loved one’s case. We have over 30 years of experience handling personal injury cases. We have also won many cases for Ohioans, including over $1.5 million for the family of a man who died due to a failure to diagnose his cancer.
Call the Fitch Law Firm LLC for Help Today
We operate on a no-fee guarantee. This means that you do not pay us if we do not win your case for you. Call our team today to speak to a representative about your options.
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