If you recently lost a close family member to a motorcycle accident that was not their fault, you unfortunately know how quickly one person’s reckless or careless actions can permanently change the lives of multiple other people at once. You may also have a sense of how difficult it can be, emotionally and legally, to seek financial recovery for losses your family will experience as a result of your loved one’s untimely death.
Support from a compassionate attorney with experience in fatal motorcycle accidents in Mesa can make a significant difference in your chances of success with legal action and your ability to prioritize your and your family’s emotional needs without being overwhelmed by the demands of settlement talks or a civil court. No matter who is to blame for your family member’s motorcycle accident or what losses you need to recover for, the team at Phillips Law Group can help you protect both your financial and personal best interests.
Because someone who lost their life in a Mesa motorcycle crash cannot file suit over their own fatal injuries, the right that they would have had to sue over non-fatal injuries transfers to their surviving immediate family members. Their surviving spouse, children, parents or guardians, or their representative, can take the lead in filing and pursuing legal action over their wrongful death.
Both economic and non-economic losses those immediate family members experience due to their loved one’s premature death can be factored into this type of claim, including:
However, the legal process must formally begin no more than two years after the decedent’s date of death to comply with the statute of limitations for wrongful death claims.
While the specific losses caused by a fatal motorcycle crash in Mesa determine the financial value of an ensuing lawsuit or settlement demand over that crash, the subjective severity of the incident has no bearing on who holds legal liability for its consequences. As with non-fatal injuries, holding someone else financially accountable for a motorcycle accident resulting in wrongful death requires proving the person was negligent.
This entails showing, through a preponderance of evidence, that a specific reckless, careless, or illegal act by the defendant was the primary cause of a fatal injury that would not have otherwise occurred. In some scenarios, however, partial or primary fault for an accident of this nature may lie with a manufacturer that produced a defective motorcycle or other vehicle, in which case that manufacturer could be liable for damages based on their failure—negligent or otherwise—to make and sell a reasonably safe product.
Motorcyclists are tragically far more likely to suffer life-threatening injuries from accidents than anyone inside an enclosed motor vehicle, including in situations where a passenger car driver is entirely to blame for causing the crash in the first place. In that latter scenario, you may have grounds to demand substantial civil restitution for the harm your entire family suffers through no fault of their own or of your loved one whose life was unfairly cut short.
Fatal motorcycle accidents in Mesa can be much easier to respond to effectively if you have help from experienced and dependable legal counsel. Call Phillips Law Group today to learn what their team can do for your family.
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