It is important to remember that wrongful death claims must be filed within a certain timeframe. In most circumstances, if the claim is not filed within 2 years of the person’s death, then the surviving spouse/family members may lose their chance of achieving any sort of compensation. It is also important to keep in mind that there is a difference between “wrongful death” and “survival action” lawsuits, which are closely related. If the victim did not die immediately, then his/her family may be entitled to a survival action lawsuit (which potentially includes an even greater amount of recoverable damages). Considering the wide array of scenarios and legal nuances that are involved in wrongful death cases, it is important to have the right legal team fighting on your behalf. We are here to help every step of the way and ensure that you and your family are fairly compensated for your loss.
The most common injuries from motorcycle accidents involve the head and broken bones, primarily because many riders often neglect California’s mandatory helmet law. Motorcycle riders are also susceptible to a wide variety of other injuries. For example, burns are incredibly common, ranging from friction or explosions from fuel leaks, as well as loss of sight from not wearing proper eye protection. With so many potential life-threatening injuries, motorcycle accidents should not be taken lightly. Potential medical bills for these injuries can be astronomical as well. However, with the right attorney, victims of motorcycle accidents can receive ample financial compensation.
In California, a plaintiff must prove negligence on behalf of the driver and/or owner of the other vehicle in order to hold them responsible for his/her injuries. Additionally, if the negligent driver is using a company vehicle, then the victim can potentially pursue and receive compensation from the driver’s employer. While other drivers can often time be the ones responsible for motorcycle collisions, governmental entities and manufacturers sometimes contribute to accidents as well. If an accident occurs due to the poor maintenance, design, or construction of a public road, then one can potentially file a claim against the government entity responsible for maintaining or designing that road. Correspondingly, if a faulty design, manufacture, or assembly of a motorcycle or helmet contributed to a crash, the rider may be entitled to compensation from the company that manufactured or designed the item.
The forms of compensation that a plaintiff might be able to recover vary widely. The most common and obvious are medical expenses, followed by pain and suffering and lost wages. Considering the severity of injuries that arise from motorcycle accidents, medical expenses can easily be upwards of tens of thousands of dollars. Such injuries can also prevent one from working, in which wages can be recovered depending on the skill and experience of one’s legal representation. With something as serious and potentially life-threatening as a motorcycle accident, it is important to have the best possible attorney to ensure your accident and injuries do not go unaccounted for.