Motorcycle Accident Wrongful Death Claims Guide in California
If a loved one suffered a wrongful death due to a motorcycle accident in the State of California, the victim’s survivors may be entitled to compensation. It’s essential to have the support of a California wrongful death lawyer, as these types of claims are particularly challenging, especially when the victim was riding a motorcycle. Insurance companies will do everything possible to minimize payouts and shift blame to the victim.
Step-by-Step Motorcycle Accident Wrongful Death Claim
Here are the typical steps in a motorcycle accident wrongful death claim. Keep in mind that every case is unique, and variations can occur. This is another reason why having an attorney on your side is crucial.
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Step 1 – Filing the Lawsuit
The deceased’s family or their legal representative files a lawsuit against the party responsible for the accident. The lawsuit must include details about the accident, injuries, and damages sustained.
Step 2 – Discovery Phase
Both parties exchange information and evidence related to the case, including witness statements, expert reports, and medical records.
Step 3 – Negotiation
The parties may attempt to reach a settlement before going to trial. If negotiations fail, the case proceeds to court.
Step 4 – Trial
A judge or jury determines who is responsible for the accident and the amount of damages the responsible party must pay. Trials can last several days or even weeks.
Step 5 – Appeal
If one of the parties is dissatisfied with the trial’s verdict, they may appeal to a higher court.
Additional Factors to Consider
The statute of limitations for filing a wrongful death lawsuit in California is two years. If suing a government entity, notice must be given within six months of the accident. The amount of damages recoverable in a wrongful death lawsuit varies depending on the specifics of the case.
How Much Is a Motorcycle Accident Wrongful Death Case Worth?
Settlements for motorcycle accidents can vary significantly depending on various factors, primarily the severity of the injuries. In the tragic event of a wrongful death due to a motorcycle accident, the average settlement amount may range from $250,000 to $1 million or more. The purpose of the settlement is to compensate the surviving family for the profound loss of a loved one, addressing not only financial aspects but also emotional and personal impacts.
Who Receives the Settlement Money?
In California, wrongful death statutes outline that the following parties may be eligible to receive compensation:
- Surviving spouse
- Surviving children
- Surviving stepchildren
- Surviving parents
- Surviving minors who were financially dependent on the deceased (not necessarily relatives)
The amount received by these individuals can vary depending on the specific losses or damages incurred.
How Long Do These Claims Take?
Wrongful death claims in California can take anywhere from a few months to four years to resolve. The exact timeline depends on several factors, such as:
- Case Complexity: Cases involving more facts, witnesses, and experts typically take longer to resolve.
- Going to Trial: Trials can last weeks or even months.
- Willingness to Settle: If the parties cannot agree, the case will go to trial, extending the process.
Having professional legal assistance is critical for gaining a clearer understanding of how long your case will take, the compensation you may receive, and other relevant details. Our motorcycle accident lawyer has the knowledge, experience, and a proven track record of success.
Call (866) 721-5808 today for a consultation and get started on your claim as soon as possible.