A temperate climate provides ideal weather for motorcycle riding almost any time of the year. However, careless commuters and traffic-laden highways give rise to frequent vehicular accidents, including those that involve motorbikes. While two wheels can be a perfectly safe way to get around when riders take proper safety and driving precautions, crashes can still happen, sometimes with devastating consequences.
Fatal motorcycle accidents in Modesto are something that no one should have to experience. If you have recently lost a loved one in a motorcycle crash and are seeking representation, call the compassionate attorneys at Valero Law Group. Our team will come to you to discuss your options for filing a lawsuit and moving forward with legal action.
Who Can File a Lawsuit After a Wrongful Death From a Motorcycle Accident?
After a tragic motorbike wreck in Modesto, the deceased’s surviving family members can file a wrongful death suit up to two years after the death. A personal representative of the deceased’s estate can also file a survival action within that same period. While damages for a wrongful death suit can include burial expenses, loss of companionship, support, and future services, a survival action can request damages to compensate the estate for medical expenses, lost wages, pain and suffering, and property damage incurred prior to death.
Punitive damages are also potentially recoverable in a survival action, but not in a wrongful death suit. Surviving family members of the deceased are the only ones who can bring a wrongful death lawsuit, according to the California Code of Civil Procedure § 377.60. In order of priority, they are immediate family members (surviving spouse, children, grandchildren); family members who would receive the decedent’s estate if there was no will; dependents of the decedent (stepchildren, parents of the decedent); and minors who lived with the decedent for at least 180 days prior and who received at least 50% of their support from the decedent. Wrongful death laws due to motorbike crashes can seem complicated and hard to understand.
Contact Valero Law Group to work with a competent lawyer adept at easing any burdens on surviving family members.
Damages Available After a Deadly Motorcycle Accident
Damages stemming from a wrongful death lawsuit in Modesto fall under two categories: economic, meaning those with a monetary value; and non-economic, which are damages that significantly affect a surviving family member’s quality of life but are difficult to value.
A wrongful death lawsuit considers the following damages when a motorcycle crash involves the loss of a loved one:
- Funeral and burial expenses
- Financial support that the deceased would have contributed throughout their lifetime
- Loss of any gifts that survivors may have received
- Household services that the decedent may have provided
- Loss of companionship, protection, affection, consortium, guidance, and support
Any damages awarded to surviving family members are recoverable for the shorter of the life expectancy of the heir at the time of the wrongful death or the decedent’s life expectancy at the time of the accident. Working with an experienced motorcycle accident attorney who is knowledgeable about wrongful death laws can put the survivors’ minds at ease and can get them the compensation they deserve.
Reach Out to an Attorney in Modesto Experienced in Deadly Motorbike Crashes
Losing a loved one is a life event that no one wants to endure. If you lost someone in a fatal motorcycle accident in Modesto, you do not have to handle this tragedy alone.
Whether you and your family decide to file a wrongful death lawsuit, a survival action on behalf of your loved one’s estate, or both, consulting with a lawyer from Valero Law Group can help you navigate any legal complications that arise with care and compassion. Our attorneys are ready to answer any questions you may have and will work diligently on your case while you focus on your family and your healing journey. Call today to get started.
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