When a motorcycle operator or passenger has been killed due to another person’s carelessness (“negligence”) or intentional wrongful conduct, we refer to such event in legal terms as a “wrongful death.” Losing a spouse, registered domestic partner, child, parent, or other loved one in a motorcycle accident caused by another person’s negligence is a devastating experience and you will want to retain a law firm that is sensitive to your loss and needs, but will deal firmly with the insurance company or their lawyers to ensure that you obtain the maximum compensation possible.

The persons who have the right to sue for the wrongful death of their loved one (the “decedent”) are set forth by a California statute. (A statute is a law enacted by the legislature, as opposed to a judge-made law or constitutional mandate.) The decedent’s surviving spouse, registered domestic partner, and children and “issue” of deceased children (such as grandchildren) , all have the right to file a wrongful death action. If they were dependent upon the decedent, the putative spouse, children of the putative spouse, stepchildren, or parents may also recover in a wrongful death action. A “putative spouse” means the surviving spouse of a void or voidable marriage who believed in good faith that their marriage was valid and legal.

A minor (a person under 18) who is not a biological or adopted child may have the right to be included in a wrongful death lawsuit if, at the time of the decedent’s death, the minor had been living in the decedent’s home for the preceding 180 days and was dependent upon the decedent for one-half or more of the minor’s support.

Each person does not file his or her own wrongful death lawsuit. Only one suit is filed, with all of the interested parties joining the action as “plaintiffs.” If for some reason refuses to be part of the wrongful death case, there is a procedure to include him or her in the proceedings.

The surviving loved one is entitled to compensation that is just under the circumstances. These include (1) direct pecuniary loss, such as the loss of financial support from the deceased person; (2) loss of services, advice, and training; (3) funeral expenses; and (4) non-economic loss consisting of the loss of the decedent’s love, companionship, comfort, affection, society, solace, and moral support.

California law prohibits the operator of a motor vehicle—including a motorcycle—from recovering “non-economic” damages from the party at fault if the motorcycle operator did not have insurance at the time of the accident. Non-economic damages include such things as pain and suffering, inconvenience, physical impairment, disfigurement, and other non-pecuniary damages.

In a wrongful death case, however, the heirs are entitled to recover damages for loss of society, care, comfort, and protection even though the motorcyclist was not insured at the time of the injury. This is an important rule of law, as studies show that only a minority of motorcycle riders have insurance.

If the motorcycle operator did not have any insurance, then the spouse, children, parents, or other proper party may recover damages for the pecuniary (monetary) value of the deceased person’s loss of society, care, comfort, and protection. They may not, however, recover damages for the solace of wounded feelings, such as grief or sorrow at the loss of their loved one.

The surviving spouse or registered domestic partner is entitled to recover monetary damages for “loss of consortium.” Loss of consortium damages compensate a spouse or registered domestic partner for the impairment to his or her marital life or registered domestic partnership resulting from the spouse’s or partner’s death. The concept of consortium includes not only loss of support or services; it also embraces such elements as love, companionship, comfort, affection, society, sexual relations, the moral spouse each spouse or partner gives the other through the “triumph and despair” of life, and the deprivation of a spouse’s or partner’s physical assistance in operating and maintaining the family home. Loss of consortium has been referred to as the loss of the non-economic aspects of the marriage relation, including conjugal society, comfort, affection, and companionship.

Loss of society, care, comfort, and protection include such evidence as the closeness of the family unit, the warmth of feeling between the family members, and the character of the deceased person as “kind and attentive” or “kind and loving.” The services of children, elderly parents, or nonworking spouses often do not result in measurable income to the family unit, yet the death of such a person unquestionably represents a substantial “injury” to the family for which just compensation must be paid.

When they are awarded, either by a jury or in a settlement with the insurance company, damages for loss of consortium in a wrongful death case start on the day of death and continue to the deceased person’s projected lifespan had his or her life not been cut short by the other person’s negligent act.

If your loved one was killed due to dangerous condition of a public road, you will have to seek compensation against the government that owns the road, be it the state, a county, or a city. You need to be aware of the fact that, before you can file a lawsuit against a public entity such as a state, county, or city, you must first file a claim for damages with the appropriate governmental agency within six months of the accident or you will lose your right to sue. An experienced personal injury lawyer knows how to file a claim and the proper government body to submit it to.

If a loved one has been killed in a multiple vehicle accident that was not his or her fault, you should contact an experienced personal injury law firm as soon as possible. When deciding on which attorney or law firm you should hire to represent you, you should be guided by several factors. First of all, you should choose someone with experience in your type of injury. Second, you will want a lawyer or law firm that is competent, able to handle the case. Third, you want a lawyer or law firm with integrity. Fourth, you want to retain a lawyer or law firm that has the highest ethical standards.

It is vitally important to contact an experienced personal injury law firm promptly, as the law firm may want to send its own investigator out to examine the evidence before it is lost or changed. In a fatal multiple vehicle accident, the lawyer will want to put his investigator on the case as soon as possible. The investigator may want to go to the scene of the accident as soon as possible to inspect the road conditions and visibility issues (such as trees and brush blocking views) and take pictures of the accident scene to capture any dangerous condition that may have contributed to the accident before any change is made to the scene, such as the trimming of adjacent foliage that blocked the view of the drivers.

The investigator will also want to inspect and take pictures of the damaged motorcycle and the damaged car before any repairs are made to help prove how the accident happened. Finally, the investigator will want to talk to any and all witnesses to the accident as soon as possible, while the facts are still fresh in their minds. The lawyer may want to hire an accident reconstruction specialist to reenact how the accident happened. injury law firm can also help with seeing to it that you obtain appropriate and thorough medical care for your physical, emotional, and psychological injuries suffered as a result of the accident. The attorneys in the firm can also do everything possible to ensure that you obtain full compensation for your medical expenses, pain and suffering, mental anguish, property damage, lost wages, and all of your other injuries and damages, subject to the prohibition on collecting non-economic damages for unlicensed motorcycle drivers.

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