Motorcycle accidents often create serious injury or, in some cases, death. If your loved one lost their life to a motorcycle accident someone else caused, you may be able to file a claim for compensation.
Nebraska state law allows a person to file a claim of wrongful death brought on by wrongful acts, neglect, or default. If a person would have survived the motorcycle accident and then been able to file a personal injury claim, state law allows for family members to file a claim of wrongful death.
Who Can File a Wrongful Death Case?
Only a legal representative for the deceased person can file a claim. If the claim is successful, the funds go directly to the estate. The court then awards those funds based on the terms of the deceased person’s will or the intestate succession laws that govern inheritance for those who pass away without an estate plan in place.
This type of claim is a civil lawsuit seeking financial compensation. This is not a criminal case, so the city or state won’t be involved and the defendant won’t face jail time. Criminal charges such as those for drunk driving or reckless driving may occur but are separate from your wrongful death claim.
When May You Have a Case for Wrongful Death?
You may have a motorcycle accident wrongful death case if you can prove someone else was responsible for the accident that caused your loved one’s death. It is only possible to bring a claim like this when it meets the qualifications for a personal injury lawsuit.
Proving responsibility in a case like this can be challenging. Your Nebraska motorcycle attorney works closely with the family and legal representative to file this claim. They must work to prove the other party is responsible based on evidence, witness statements, and other available data.
What Type of Compensation Is Available?
The estate may claim a range of compensation based on the evidence in the case. This may include:
- Medical bills related to the injury or illness as brought on by the accident
- Compensation for funeral costs, including burial expenses
- Payment for lost employment compensation, including lost wages and benefits that the individual would have earned if they survived the accident
- Lost value of household services, which includes costs related to childcare as well as work done at the home, such as chores
- Pain and suffering suffered by the deceased party at the time of their accident and death
- Loss of care and companionship
Determining the full compensation after a fatal motorcycle accident is complex. It is best to work with a personal injury attorney who can help you determine what amount and type of compensation is owed in the case. Avoid speaking to an insurance adjuster until you speak to an attorney.
How to Pursue a Wrongful Death Case in Nebraska
When faced with the death of a loved one, you may not be thinking about pursuing a wrongful death case. Yet, it’s critical to take action now. As time passes, it will become more difficult to gather the evidence needed to build a winning claim.
To pursue a wrongful death claim after a fatal motorcycle accident, it’s best to work with a supportive personal injury attorney. The experience, dedication, and resources available from a Nebraska attorney will help you build the strongest possible case.
At the Law Office of Matthew A. Lathrop, PC, LLO, we support you as you file a claim for wrongful death. Don’t file a claim until meet with your Nebraska motorcycle attorney. Call for a consultation.