The death of a parent, spouse, child, domestic partner or other loved one due to the negligence of others can be emotionally and financially draining, and it shatters the lives of the surviving family members. In this case, we would consider a wrongful death lawsuit. Of course there is no amount of compensation that can right this wrong. However, the law does provide a way for families to find some financial relief in order to help lessen the burden caused by the loss of a loved one.
When someone dies due to the fault of another person or entity like a car manufacturer, the survivors may be able to bring a “Wrongful death” lawsuit. Through the wrongful death lawsuit, we can aggressively fight for justice making sure that the person, insurance company or whoever’s responsible pays you and your family the maximum compensation that you deserve. This type of lawsuit allows certain survivors to seek compensation for their losses which includes lost wages from the deceased, lost companionship and funeral expenses.
What Happens if the Other Driver Doesn’t Have Insurance?
These are difficult situations and they occur more often that one would like. If the other driver does not have insurance, we’d first look to see if you have uninsured motorist coverage. If you don’t have uninsured motorist coverage, then we would consider filing a lawsuit against the other driver and obtaining a judgment.
Obtaining the judgment is only one step of the process. Collection on the judgment can be even much more difficult than getting a judgment in the first place. For instance, if the other driver doesn’t have any assets, cash, or a paying job, we are essentially left with a judgment, a piece of paper, and we are just waiting to see if that driver’s financial situation would change to the point where we finally have some means to have that judgment paid.
If I Wasn’t Wearing a Helmet, Will that Make My Case More Difficult?
Not wearing a helmet can make your case a bit more difficult. It may be argued that your failure to wear a helmet was the cause or contributing cause of your injuries. Consequently, the damages in the case would likely be reduced in an amount that is equal to your proportionate share of fault.
What Factors May Hinder Someone from Obtaining their Motorcycle Accident Claim?
Another barrier to consider is whether there are previous accidents or previous injuries to the same areas of your body where the argument could be made that the injuries were not caused by this accident but rather by previous circumstances. A case could also be made more difficult if the other driver doesn’t have any insurance coverage, or if the amount of the insurance coverage is very small. There may be questions as to the maintenance on the motorcycle if the accident was caused perhaps by a failure to properly maintain the bike.
What Are the Initial Steps to Take After Being Involved in a Motorcycle Accident?
There are many steps that the rider should take immediately following a motorcycle accident. First, they should make sure to obtain the medical treatment that they need. They also want to make sure that they contact their insurance company and the police so that the accident is reported. They want to make sure that they gather and keep as much information as possible, including those on the other driver, vehicle, and witnesses so that we may properly investigate the case.
It’s a very good idea to take pictures of the scene of the accident or the damage to the vehicles and also the injuries to the person’s body. We then strongly advise that the person talk to a competent attorney who’s in their area and call to schedule a free consultation.
Do Motorcycle Accident Victims Become so Emotionally Scarred that they Quit Riding altogether?
Some people just really love riding motorcycles and they won’t hesitate to get back onto the motorcycle following an accident, but I have seen in a handful of cases where the injuries that they’ve suffered because of the accident have left permanent scars. Those scars have not healed even with the passage of time and they’re no longer able to get back on a bike because every time they get on they could have flashbacks or will feel anxious because of what happened in the previous accident.
For more information on Death of A Loved One in a Motorcycle Accident, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (714) 697-8600 today.