Even the most experienced rider can get into a motorcycle collision. Other drivers might not see the motorcyclist until it is too late, and the motorcycle itself offers the rider little protection from hazards. As a result, motorcycle accidents often cause catastrophic injuries that lead to a rider’s death.
If a fatal motorcycle’ accident in Marietta caused your loved one’s death, a compassionate motorbike collision lawyer could outline your legal options. There are a few strategies that you could pursue if someone else’s negligence caused the sudden death of your loved one. Collecting damages might not ease your suffering, but it could help your family recover from financial setbacks.
What is an Estate Administrator's Role Following a Motorcycle Fatality?
The executor of the estate is the person in charge of administering a will. This means that they have the legal authority to file a claim that the deceased rider would have submitted if they were still alive. If a motorcyclist passes away after a severe crash, the estate administrator also could act against the negligent party. A well-constructed lawsuit might provide reimbursement for the late biker’s medical expenses, property damage, funeral costs, or pain and suffering.
If the fatality was caused by someone else’s extreme recklessness or gross negligence, the administrator of an estate might be able to pursue punitive damages. These additional fines intend to punish a defendant for their extremely reckless behavior, such as if the at-fault driver was drunk behind the wheel. A knowledgeable attorney in Marietta could help a family determine the right action for the circumstances surrounding their loved one’s fatal motorcycle accident.
Potential Damages in a Wrongful Death Lawsuit
If the negligence of another driver caused a motorcycle fatality, a decedent’s estate could file a wrongful death lawsuit against the careless motorist. Damages in a wrongful death lawsuit aim to cover lost income and other services that a decedent provided to the household.
Determining the decedent’s life expectancy is a part of the wrongful death process and usually requires the testimony of an actuary. Calculating the deceased’s projected lifetime earnings might also demand expert verification. A family could establish the financial value of a decedent’s services by reviewing receipts related to:
- Home maintenance
- Tutoring or homework assistance
- Transporting family members to appointments and activities
- Cooking and cleaning
- Gardening and lawn care
- Shopping for the home
Experienced legal counsel in Marietta could help a family after they have lost a loved one to a fatal motorcycle crash by filing a wrongful death lawsuit.
The Intricacies of Wrongful Death Claims
The Official Code of Georgia Annotated §51-4-2 governs state wrongful death lawsuits. The statute is complex, but a diligent attorney in Marietta could help a family understand how this statue could apply to their fatal motorcycle accident case.
One part of this statute outlines who can file a wrongful death lawsuit. For example, only the legal spouse of the deceased motorcyclist is allowed to submit a claim. In the absence of a surviving spouse, the children of the deceased could initiate the suit as well. If there are no surviving children, the decedent’s parents, siblings, or legal guardian could file a wrongful death lawsuit. If the deceased rider has no other relatives, the burden of filing falls to the administrator of the estate.
When a decedent leaves a spouse but no children, the partner collects all the damages from the lawsuit. If both a spouse and children survive, the spouse can acquire at least one-third of the award. Either the decedent’s will or a court can determine how the remaining two-thirds of funds will be distributed. Proceeds from a wrongful death claim go straight to the designated recipients, and creditors cannot intercept any damages.
Seek an Attorney After a Fatal Motorcycle Collision in Marietta
If you lost a loved one in a fatal motorcycle accident in Marietta, your family might need empathetic assistance. Dealing with the trauma can be extremely challenging, and economic setbacks can only make things worse.
If someone else’s negligence caused your loved one’s deadly motorcycle collision, an experienced lawyer could help you collect financial damages. They could help file a claim and establish the carelessness of the guilty driver. Reach out today to get started on your case.