Driving a car always comes with some risk of getting in an accident. Riding a motorcycle brings risk, too, as the rider is exposed to other cars and to being thrown off the bike.
For those who pass away from fatal motorcycle accidents in Philadelphia, their family members can recover from whoever caused the accident with the help of a dedicated attorney.
Most injury claims are brought by the victim with legal representation. When the victim has passed away, the claim changes into one for wrongful death.
A legal action for wrongful death is the claim of the deceased brought on their behalf, and it is restricted to certain people who can be plaintiffs. As set out by 42 Pennsylvania Consolidated Statutes § 8301 and Pennsylvania Rule of Civil Procedure 2202, only the personal representative (executor) of the estate can bring the claim for the first six months after death. After that initial period, the deceased person’s spouse, children, or parents can also be the plaintiff bringing the action.
The same statute describes the kind of damages that can come from a wrongful death claim, such as funeral expenses, medical costs leading up to death if applicable, and the cost of administering the deceased’s estate. Outside of these kinds of costs, damages could include the lost value of the deceased’s household contributions, their income, and their relationship with the remaining family members.
A claim based on a motorcycle accident in which a family member passed away can be aided by a Philadelphia injury attorney. Consulting with a lawyer can make sure you bring a wrongful death claim properly and fast enough to get a recovery.
Bringing a legal claim requires investigation into the event that led to damages, such as the events leading up to a fatal accident, in order to determine who was responsible and if they can be sued. A wrongful death claim can work similarly to a negligence claim with evidence establishing a duty of care, breach of that duty, causation, and damages.
An attorney can lead the charge in gathering that evidence based on the statements of eyewitnesses, traffic camera footage, and reports from law enforcement. The evidence a lawyer puts together can also help show that the deceased motorcyclist did not partially cause the accident, as state law can reduce a plaintiff’s damages in proportion to that shared fault under 42 Pennsylvania Consolidated Statutes § 7102.
Working with a Philadelphia attorney shortly after a fatal motorcycle accident could also ensure a claim develops and is filed within the statute of limitations, which is set at only two years after death under 42 Pennsylvania Consolidated Statutes § 5524. Filing after the statute of limitations runs out can block recovery for a family. Moving quickly can make a crucial difference.
Your first priority after a loved one’s death should be to grieve and take care of your family. Once you are ready, you can look to take legal action against the responsible party with the help of a legal professional.
Our attorneys stand ready to assist the family members of those taken too soon by fatal motorcycle accidents in Philadelphia. To learn more about what we can do for you and your family, contact our firm for a consultation.
