Motorcyclists face dangerous hazards anytime they share the road with careless drivers. Encounters with reckless motorists, like on a busy I-35, can lead to accidents and, in some cases, fatal injuries.
Family members of a rider lost in a crash will cope with devastating grief. They could also be overwhelmed by the financial burdens a sudden death can cause.
At-fault drivers should be fully responsible for these hardships. Ylla|Gosney Attorneys at Law stands by Oklahoma City families to help them seek justice and earn wrongful death support during such a difficult time. Families can contact us for a free and confidential case consultation to go over their best options after a tragic accident.
Who Can File a Wrongful Death Claim After a Motorcycle Accident?
Oklahoma law is specific about who can file a wrongful death claim after an accident. The personal representative of the deceased motorcyclist’s estate would usually file a wrongful death claim on behalf of the family members eligible for support. The personal representative is named in the deceased’s will. It would usually be a close family member, such as a spouse or an adult child of the victim.
The personal representative will file the claim on behalf of the surviving family members. The beneficiaries may include:
- Spouses
- Children
- Parents
- Grandparents
- Siblings
- Next of Kin
In some cases, a victim may not have prepared a will before a fatal accident. In the event there has been no personal representative named, the judge will assign a personal representative to bring a lawsuit.
An Oklahoma City wrongful death lawyer can also help a personal representative file this claim. A skilled lawyer could also represent individual family members during this process to make sure the client receives a fair portion of the estate left behind by the motorcyclist.
How Can a Motorcycle Accident Wrongful Death Lawyer Help My Family Secure More in Support?
Your lawyer provides your family with protection when an insurance company tries certain tactics to escape responsibility for your loss. A skilled lawyer also gives your family the best chance to secure the money they’ll need to rebuild their lives and avoid financial ruin in the future. Families can often secure much more in a wrongful death settlement when they trust their cases to attorneys than when handling their claim themselves.
A fatal motorcycle collision robs a family not only of a beloved family member, it takes from the family’s future as well. The love and guidance and the income the victim may have provided to support the family will be lost in the years to come. Of course, some of these factors could never be replaced, but a lawyer ensures that those left behind are provided for and set up for a brighter future.
Your wrongful death lawyer also provides these safeguards:
- Fully investigating your loved one’s accident
- Collecting evidence in case an insurer tries to blame the motorcyclist for what happened
- Prepares and submits your claim against the car insurance company, while causing as little disruption to your family’s time of mourning as possible
- Going over a settlement offer to see if it meets your family’s needs
- Rejecting a settlement offer if it doesn’t and negotiating for more
- Filing a lawsuit if a car insurance provider refuses to accept blame
- Working on a contingency basis so any family can afford legal representation
Ylla|Gosney Attorneys at Law only get paid if we win the case for your family. But even then, the family finances aren’t affected. Our attorney’s fee is paid out of the settlement money your family receives.
Support Available for Families After a Fatal Motorcycle Accident
Your lawyer also ensures that every hardship your family faces or will face in the wake of a tragic death earns support. It means that every damage must be listed in an insurance claim and must come with documentation, such as receipts and other evidence.
Your lawyer would secure these and other benefits for all eligible family members:
- Funeral and burial expenses – These cover costs associated with your deceased loved one’s funeral and burial.
- Loss of financial support – A big component of the damages in these types of cases involves the income and financial contributions the deceased would have provided to their family.
- Emotional damages – The emotional pain that family members must continue to cope with. The loss of care and guidance in the future, especially for a spouse and the victim’s children. The lost moments during major life events, like graduations, marriages, and the birth of grandchildren.
- Loss of companionship – These damages aim to cover the emotional and psychological impact of losing a loved one, as well as the effect on the surviving spouse’s relationship with the deceased.
Families can also file “survival actions” that seek additional support for the deceased motorcyclist’s estate. This separate personal injury claim asks for help in paying for any expenses and loss if the victim didn’t pass on immediately. It might cover the medical costs while the victim was in the hospital. The physical pain and emotional trauma the victim endured before death might also earn compensation.
Contact an Oklahoma City Wrongful Death Lawyer After a Fatal Motorcycle Accident
Families are granted up to two years after a motorcycle accident (or after the victim’s death if the motorcyclist didn’t pass on immediately) to file a wrongful death claim.
We have an extensive background in safeguarding Oklahoma City families after terrible accidents. Ylla | Gosney Attorneys At Law offers a free, no-obligation case review to all family members to get questions answered.
If you need our help, you don’t have to worry about finding the money to pay a wrongful death lawyer. We don’t get paid unless we win your case for you. Then our fee comes out of the support that a car insurance company is forced to provide to your family.
