Fatalities Caused by Motorcycle Accidents
Realizing that a loved one has been injured in a motorcycle accident is always stressful. When the victim ends up losing their life as a result of the crash, their loved ones face uncertainty and devastation. According to the Massachusetts government, there are roughly 50 motorcycle fatalities in the state each year. Although no amount of money can truly make up for the sudden loss of a loved one, it can offset the financial costs associated with the accident. At Breakstone, White & Gluck, our Boston wrongful death lawyers have assisted numerous families with asserting their rights after a motorcycle fatality. Knowing how to protect your legal interests and how to hold the careless individual who caused your loved one’s death responsible can be daunting. Contact us today and let us provide you with the peace of mind that you deserve.File a Wrongful Death Action Against a Careless Driver Who Caused a Crash
Wrongful death lawsuits are civil actions to seek compensation for the loss of a family member that resulted from someone else’s carelessness. The lawsuit must be filed by the personal representative of the decedent’s estate. This is usually an individual identified in the decedent’s will, or they can be appointed by the court if the decedent did not specify a representative before their death.
In the lawsuit, the personal representative stands in the shoes of the decedent and asserts a negligence claim against the defendant. To prevail, the plaintiff and their attorney must prove that the defendant failed to use reasonable care and skill at the time of the fatal motorcycle accident and that this failure was the direct cause of the victim’s death. When it comes to motorcycle accidents, there are many reasons why they can occur. First, motorcycles are much smaller than regular passenger vehicles and large trucks. Many motorists fail to pay sufficient attention behind the wheel and fail to see motorcyclists until it is too late. Another common cause of motorcycle crashes is failing to yield the right of way. If a motorist enters an intersection against a red light or blows through a stop sign, any motorcyclist traveling through the intersection can suffer serious, life-threatening injuries.
There are a variety of damages that you can seek after a fatal motorcycle accident, including compensation conscious pain and suffering before the death, and for any medical expenses incurred after the crash and before the decedent’s passing. Funeral expenses are also compensable.
According to Massachusetts law, the beneficiaries of the decedent’s estate can receive compensation in a wrongful death lawsuit for the loss of their loved one. This is known as a loss of consortium claim. It is intended to provide some financial support for the loss of the decedent’s companionship, love, and support, which included future earnings and other financial support. In situations in which the defendant’s conduct was willful, reckless, or wanton, the personal representative may also seek punitive damages. This is an additional category of damages that punishes a defendant for particularly reckless conduct. A common situation in which plaintiffs pursue punitive damages is when the defendant was intoxicated behind the wheel.Meet with a Dedicated Wrongful Death Lawyer in Boston
The motorcycle accident lawyers at Breakstone, White & Gluck have made it their mission to provide Massachusetts residents with vigorous legal counsel in the wake of a broadside accident or another devastating collision. While some cases involve relatively minor injuries that heal in time, we have seen just how damaging a fatal accident can be for the loved ones left behind. Serving families in Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, Attleboro, Barnstable, Brockton, Plymouth, Worcester, Lawrence, and Springfield, we offer a free consultation to discuss your situation. Call us now at 1-800-279-1244 or contact us online to get started. We do not charge any fees unless we recover compensation for you.