Fatal Motorcycle Accidents
It can be exhilarating to ride a motorcycle, but it is not without risks, since motorcycles do not provide any external protection and are frequently involved in accidents. Motorcycle accidents often cause catastrophic harm, and unfortunately many people injured in motorcycle accidents succumb to their injuries. If you suffered the loss of a loved one due to a fatal motorcycle accident, it is prudent to meet with a trusted attorney to discuss whether you may be able to seek compensation from the parties responsible for the accident. Joseph I. Lipsky at the Law Offices of Joseph I. Lipsky, P.A. is a knowledgeable Fort Lauderdale motorcycle accident lawyer who will work tirelessly to help you recover any damages that you may be owed due to the loss of your loved one.Florida Wrongful Death Claims
In Florida, the Wrongful Death Act (the Act) permits certain individuals to recover damages following the death of a loved one, if the death is caused by wrongful acts, negligence, or other enumerated causes. Any claims pursued under the Act must be brought within two years of the date of the death of the deceased person, also known as the decedent. Additionally, the claims must be brought by the personal representative of the decedent's estate and must be pursued on behalf of the decedent’s survivors. The Act specifically delineates who is considered a survivor, defining survivors as any spouse, children, or parents left behind by the decedent. Additionally, if any other blood relatives or adopted siblings relied partially or wholly on the decedent for support or services, they may be considered survivors.Damages Awarded in Fatal Motorcycle Accident Cases
Pursuant to the Act, the decedent’s estate can recover damages for loss of earnings from the date of the decedent’s injury to the date of death, minus the amount of damages awarded to survivors for loss of services. The estate also can recover the cost of any medical or funeral expenses that it incurred. The damages awarded to the survivors of the decedent include the value of lost services from the date of the injury until the decedent's death and any actual expenses paid by any survivor for medical care or the funeral.
Additionally, if the decedent is survived by a spouse, the spouse can recover damages for loss of consortium and for mental pain and suffering, which are calculated from the date of the injury. Similarly, if the decedent is survived by minor children, the children may be awarded compensation for loss of parental instruction and guidance and mental pain and suffering from the date of the injury.Elements of Liability in Wrongful Death Claims
In any wrongful death case, the plaintiff must first establish liability to recover damages. Wrongful death claims typically set forth a theory of negligence. To prove that a defendant’s negligence resulted in the decedent’s death, the plaintiff’s attorney must show that the defendant owed the decedent a duty and that the defendant breached the duty by acting or failing to act in a certain way. The plaintiff must then establish that the breach caused the decedent’s death.Speak with a Capable Fort Lauderdale Attorney
Suffering the loss of a loved one in a fatal motorcycle accident not only is emotionally devastating but also can be financially crippling. If you lost a loved one due to a motorcycle collision, you should speak with a capable attorney regarding your case and what you must prove to recover damages. Joseph I. Lipsky is a skillful lawyer with ample experience assisting plaintiffs in wrongful death claims following fatal motorcycle accidents. He represents people in wrongful death lawsuits in Broward, Orange, Miami-Dade, Monroe, and Palm Beach Counties, including in Fort Lauderdale, Orlando, Miami, Key West, and West Palm Beach. We have offices located in Miami, Plantation, West Palm Beach, and Delray Beach. We can be contacted through our form online or at 1-888-352-5298 to set up a free and confidential meeting regarding your case.