In the state of Florida, serious motorcycle accidents are common—and these accidents can result in either catastrophic injuries and even death. Losing a loved one in a motorcycle accident not only means a loss of companionship, but it can also cause financial issues from which it can take a family years to recover.
To help with these losses, Florida allows certain family members of the deceased to file a wrongful death claim for the fatal motorcycle accident under certain circumstances.
Here is what you need to know about filing a wrongful death lawsuit after a serious motorcycle accident:
Who Can File a Wrongful Death Claim?
Only certain family members or relations to the deceased are allowed to file a wrongful death lawsuit in the state of Florida. Those individuals can include (depending on your situation):
- A spouse
- A child
- A dependent
A dependent is any individual who was at least partially dependent upon the deceased for services or support. These individuals can include blood relatives or adoptive brothers and sisters, but are determined on a case by case basis.
What Kinds of Motorcycle Accidents Qualify?
In order to file a lawsuit for a wrongful death, the plaintiff must prove that the accident occurred because of the negligent actions of another party.
For example, if a motorcycle rider forgot to check his or her tires, and a blowout causes a fatal accident, the deceased’s family will be unable to file since it was the driver’s own negligence that caused the accident.
On the other hand, if a motorcycle rider is fatally injured due to another driver texting and driving or failing to notice a red light, the motorcycle rider’s family may have the right to sue since the negligence is on behalf of someone else.
An experienced Florida motorcycle accident attorney can help you understand the ins and outs of a motorcycle wrongful death case and whether your family has a right to compensation.
Losing a loved one is an immeasurable loss. At Lorenzo & Lorenzo, our team is ready to help relieve some of the financial burden. Contact us today for a free consultation.