Can I File a Wrongful Death Claim if My Family Member Was Killed in a Fatal Motorcycle Crash?

 Posted on May 16, 2023 in Personal Injury

For many motorcyclists, riding a motorcycle is not just a means of transportation. It is something that they look forward to all winter. Warmer weather in the Chicago area means that motorcyclists can finally get back to doing what they love most.

Sadly, severe and fatal injuries are not uncommon in motorcycle accidents. The motorcycle driver is not protected by the vehicle, and the small, slender nature of a motorcycle makes it harder to see by other drivers.

If your loved one passed away in a motorcycle crash, you have the right to file a wrongful death claim on his or her behalf. However, you will need ample evidence and a strong case to successfully recover compensation through a wrongful death settlement or award.

Proving Liability in a Fatal Motorcycle Crash

One of the key elements in any wrongful death case is proving liability. You will need to demonstrate that your deceased family member’s death was caused by another party's negligent or illegal actions.

Some people see motorcyclists as daredevils or risk-takers. Unfortunately, this stereotype can sometimes make it harder for injured motorcyclists or the families of deceased motorcyclists to bring a successful claim. Insurance companies and other parties may assume that the motorcycle driver was to blame for the crash. Evidence such as eyewitness accounts, crash data recorder information, traffic camera footage, and forensic evidence at the crash scene may be used to overcome this assumption and demonstrate the other party’s liability.

Financial Compensation for Damages

Financial compensation from a wrongful death claim settlement or award can help reduce some of the financial burden created by the death. You may be entitled to compensation for the loss of your family member’s financial support and services. Wrongful death damages may also cover expenses such as medical bills incurred between the fatal motorcycle crash and your loved ones death, funeral and burial expenses, and other costs. Compensation for the non-financial harm caused by the tragic crash may also be available.

Contact our Orland Park Motorcycle Accident Lawyer

Filing a wrongful death claim cannot take away your grief. However, monetary damages from a wrongful death claim can provide a sense of justice and relieve some of the financial burden created by the death.

If you are ready to explore your legal options for seeking justice, call our Chicago wrongful death lawyers for help. Call Schwartz Injury Law at 708-888-2160 for a free consultation.

Source:

https://www.illinoiscourts.gov/courts/circuit-court/illinois-pattern-jury-instructions-civil/