It is never easy to deal with a family member’s unexpected and devastating loss. However, you may be anxious to hold the at-fault party accountable when they pass away from fatal injuries caused by a motorcycle crash. Your entire family will be affected by the loss of your loved ones.
Make the at-fault party pay when you reach out to a respected Olive Branch fatal personal injury lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC, for a no-cost, risk-free consultation. When you contact our team, you can learn more about the wrongful death claims process and the steps you must take to demand justice.
Causes of Olive Branch Fatal Motorcycle Accidents
The cause of your loved one’s motorcycle accident injuries will help determine how the accident occurred and who is responsible. Your fatal motorcycle accident lawyer in Olive Branch, MS, will evaluate the evidence and circumstances at hand to uncover the truth.
Here are some of the top causes and liable parties associated with fatal motorcycle accidents:
Negligent driving is arguably the top cause of deadly motorcycle accidents. Motorists who fail to drive safely can cause life-threatening and permanent injuries and disabilities.
Drunk driving, driving under the influence of drugs, driving while fatigued, aggressive driving, and distracted driving are just a few ways negligent drivers cause collisions. The negligent driver who hit your loved one, local dram shops and social hosts, and other third parties potentially have shared fault in the case.
Motorcycles are more likely to be involved in car accidents when there is road debris. If hazardous road conditions of any kind contributed to your loved one’s fatal motorcycle accident injuries, you might have grounds for a claim against:
- The Mississippi Department of Transportation
- Local municipalities
- Other government agencies
- Road contractors, subcontractors, and independent contractors
- Safety inspectors
- Maintenance professionals
Broken Auto Parts
Another way motorcycle accidents happen is due to defective parts. Unfortunately, motor vehicles carry an inherent risk that something could go wrong. Tire blowouts, defective steering columns, inefficient airbags, malfunctioning seat belts, and other defects are common.
Maintenance professionals, auto parts designers and distributors, motor vehicle dealerships, executives, and other parties could be liable for your family member’s losses. Only an in-depth investigation into the cause of your loved one’s fatal motorcycle accident damages will uncover the truth.
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How to Get Justice After a Fatal Motorcycle Accident
There are multiple ways you can get through these difficult times after losing a loved one. Your fatal motorcycle accident attorney in Olive branch, MS, needs to review your case’s specific details and legal options further. Here are some of the top ways to recoup damages after a fatal motorcycle accident:
File a Claim with the Insurer
The individual or entity who caused your loved one’s death may have existing insurance coverage. If they have insurance, you can file a claim with their insurance company under Mississippi fault insurance.
But do not expect an insurance settlement to cover your damages. Insurance claims have a limit to the types of amounts of compensation you can win. For this reason, you should always be ready to proceed with a wrongful death action and demand justice.
File a Wrongful Death Claim
Mississippi law allows for filing a wrongful death claim when someone else is responsible for causing the death of another. Whether the defendant intended to cause the accident, it is ultimately their fault that your family member is no longer with you. For this reason, they should be held accountable accordingly.
How Wrongful Death Actions Work
Wrongful death claims are unlike traditional civil lawsuits. Your fatal motorcycle accident attorney will need to prove liability based on a preponderance of the evidence. This means the evidence must show the defendant is likely responsible for causing the decedent’s death.
Unlike the criminal court, where the defendant might face jail or prison time, signs, and other criminal penalties, in civil court, you seek total compensation for the decedent’s damages and the losses your surviving family members endured.
Who Can Sue
The Mississippi wrongful death laws state, under Miss. Code §11-7-13, that only specific individuals have the authority to file an action. One or more of the following parties have this right:
- The decedent’s surviving spouse
- The decedent’s surviving children
- The decedent’s surviving siblings
- The executor of the decedent’s estate
- The decedent’s surviving parents, if the decedent was dependent on them at the time of their death
Types of Recoverable Damages
Mississippi law includes several damages that surviving family members can recover in a wrongful death action for a fatal motorcycle accident. Examples of the economic damages and non-economic damages you could win include:
- The decedent’s funeral and burial costs
- The decedent’s healthcare and medical expenses
- The decedent’s physical pain and suffering before their death
- The surviving family member’s loss of the decedent’s financial and household support
- The surviving family member’s loss of the decedent’s love, support, society,’s companionship, protection, and advice
You can win a maximum of $1 million for non-economic damages in a Mississippi wrongful death claim. However, there is no limit to the compensation you can win for economic damages under Miss. Code §11-1-60.
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Crucial Claim Deadlines for Fatal Motorcycle Accidents
Your fatal motorcycle accident lawyer needs to get started on your case immediately after the accident. The statute of limitations in Mississippi is set at a maximum of three years from the date of the decedent’s death. If you were filing an insurance claim, this time limit could be even shorter.
Get clarity on how much longer you have to file your claim when you contact your attorney to discuss the specific details of your case.
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Contact a Fatal Motorcycle Accident Lawyer in Olive Branch for Help Today
The fatal car accident claims process can be overwhelming. While dealing with the loss of your loved one will be emotionally taxing, if you lack support, your legal case against the liable party will take everything you have left. Our team will be by your side every step to provide the support you need to get through these difficult times.
When you are ready to take action against the individual or entity who caused your loved one’s death, you can call an experienced Olive Branch fatal motorcycle accident attorney At Gatti, Keltner, Bienvenu & Montesi, PLC for a no-cost, risk-free consultation. Please fill out our convenient contact form or call our office to start working on your insurance and wrongful death claims as soon as today.