Motorcycle accidents can go two ways, either causing severe injuries or death. That’s the long and short of it.
It’s just a fact of life that if you are a biker and hit the road with your favorite ride, at some point, you may be involved in a wreck; whether or not you survive that wreck is a very real question. This is why a great number of motorcycle accidents usually result in wrongful death lawsuits and why those left behind need to speak to a New Mexico injury lawyer.
Take the case of Chris Rendon (names have been changed to protect the victim’s identity) who always told people that if he ever had to “go” he’d rather be killed on his motorcycle doing something he loved. In fact, he was just about certain that he would ultimately lose his life on his bike. It turns out he was right, but it wasn’t something that he did, it was due to the negligence of an elderly man turning in front of Chris in a car while Chris was doing highway speeds. This was a wrongful death lawsuit.
Here are some of the things you will need to know if you are considering going ahead with a wrongful death lawsuit if you have lost someone in a motorcycle crash. Your New Mexico injury lawyer will need to be able to completely prove that the death was in whole or in part, caused by the defendant’s negligence. This means their actions were negligent and because they were, they caused a death. The defendant may also be what is referred to as strictly liable for the deceased’s death. Your attorney will explain this distinction to you.
There needs to be a surviving spouse, beneficiary, children or dependants, and there must be financial and/or emotional damages that have resulted from the victim’s death. While this sounds like a lot of things to try and prove, usually the case details will tell the attorney the answer to many of these issues.
As far as damages go, in a wrongful death lawsuit these tend to vary greatly and are not like those awarded in a personal injury case. For instance, the family members (etc.) may sue for hospital expenses; medical expenses; home care needed for the victim before their death; the mental anguish of losing that person’s companionship; lost wages brought home by the victim; and things like the loss of care, assistance, protection and services the deceased provided the family.
In a wrongful death lawsuit, your New Mexico injury lawyer may also ask for compensation for loss of future wages, medical benefits, inheritance, and for the pain and suffering of the victim prior to death. You may also claim funeral and burial expenses. None of this is easy to discuss and none of it will bring the victim back. A wrongful death lawsuit will, however, ensure your family can continue on and have financial support to do so.
Scott Atkinson was admitted to practice in New Mexico in 1989 and is a <a href=”http://www.attorneynewmexico.com”>New Mexico personal injury lawyer</a> and <a href=”http://www.attorneynewmexico.com”>New Mexico wrongful death lawyer</a> with the Atkinson Law Firm, LTD. Learn more at Attorneynewmexico.com or call 1.505.944.1050.