Losing a loved one is never easy, but it is even more devastating when the death is a result of a tragic accident. If you have lost a loved one in a fatal motorcycle accident caused by someone else’s negligence, we can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, we understand how to navigate complex motorcycle accidents. You can rest assured that we can thoroughly investigate your case and help you pursue the compensation you need to move on with your life. Wrongful death claims are often very complex, and having the right attorney on your side can make all the difference in your case.
According to the United States Department of Transportation’s National Highway Traffic Safety Administration (NHTSA), motorcyclists are 35 times more likely to experience a deadly crash on the road than people in passenger cars. The New York State Department of Motorcycles found that there were 142 fatal crashes involving motorcycles in the state in 2014. There were 4,055 non-fatal personal injury crashes that same year. Fatal motorcycle accidents can have a number of causes, including but not limited to:
- Distracted driving;
- Driving under the influence of drugs or alcohol;
- Road hazards or construction;
- Lane splitting;
- Excessive speeding;
- Adverse weather conditions; or
- Making a left turn.
When an individual’s death is a result of someone else’s negligence or intentional act, New York law allows for family members of the deceased person to recover compensation. These civil lawsuits are commonly known as wrongful death claims. A wrongful death claim may be filed if the person died as a result of the full or partial negligence of the defendant. Under New York law, the responsibility of filing a wrongful death claim is on the “personal representative” of the deceased person’s estate. Unlike other states, New York does not permit family members to file such a claim unless that family member is also the personal representative of the estate. However, the lawsuit can seek damages for losses suffered by certain surviving family members of the decedent.
The following types of damages are available in New York wrongful death claims: medical expenses incurred prior to the death, the victim’s pain and suffering, funeral expenses, burial costs, loss of companionship, loss of financial support, and more. Of course, every fatal motorcycle accident is different, and the exact amount of compensation that will be available in a case will depend on the specifics of that case.
If your loved one was killed in a motorcycle accident caused by someone else’s negligence, you may be able to recover damages through a wrongful death claim. While no amount of money can bring back your loved one, it can help pay for bills that often pile up after such an accident. At DeFrancisco & Falgiatano Personal Injury Lawyers, our skilled Syracuse motorcycle accident attorneys are committed to protecting your rights at every step of the way. We take on clients from New Hartford, Rochester, Oneida, Watertown, Cortland, and Oswego. For a free consultation, feel free to call us at 315-479-9000 or contact us online.
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