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Motorcycle Accidents: Compensation For Injuries or Death

Mar 10, 2017 | Motorcycle Accidents

Compensation for Injuries In California Motorcycle Accidents

When a motorcyclist is injured due to another driver’s negligence, the rider is entitled to seek compensation for not only their property damage and injuries, but are also entitled to seek loss of income, past and future medical expenses, pain, suffering, and other related expenses from the other drivers insurance company.

Compensation for California Motorcycle Accidents Causing Death

When a motorcyclist or motorcyclists passenger is killed in an motorcycle accident that was result of another parties fault or negligence the surviving heirs or relatives of the deceased party is entitled to pursue compensation for wrongful death. A civil lawsuit may be brought against the person that caused the death to recover monies.

Who Can Bring a Wrongful Death Action?

There are a few things that should be noted that California law allows for two different types of lawsuits a wrongful death lawsuit and a suit brought based on a survival cause of action. Pursuant to Code of Civil Procedure § 377.60, a cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedent’s personal representative on their behalf:

(a) The decedent’s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession.

(b) Whether or not qualified under subdivision (a), if they were dependent on the decedent, the putative spouse, children of the putative spouse, stepchildren, or parents. As used in this subdivision, “putative spouse” means the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the decedent was valid…”

Minors can also bring a cause of action for wrongful death, IF the minor(s)

  • Lived with the the deceased for 180 days prior to the death and
  • Depended on 50% of the deceased income or support.

What Damages Can One Seek For Wrongful Death Action

Damages for wrongful death include:

  • Losses of an ascertainable economic value; i.e  loss of household services or earning capacity
  • Loss of the decedent’s love
  • Loss of the decedent’s companionship
  • Loss of the decedent’s comfort
  • Loss of the decedent’s care
  • Loss of the decedent’s protection
  • Loss of consortium

We provide 24/7 motorcycle accident hot line available for victims involved in motorcycle accidents. Speak to a Los Angeles motorcycle accident attorney and find out if you qualify as a relative under California law. Our motorcycle accident lawyers charge our clients’ zero upfront legal fees. That’s right – you pay nothing until and unless we make a recovery. Our attorneys speak English, Spanish, Russian, Armenian, and French.

KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office.

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