Filing a Suit After a Wrongful Motorcycle Death

 Posted on December 09, 2024 in Personal Injury

Losing a loved one in a motorcycle accident is a devastating experience, especially when it happens due to someone else’s negligence in an accident that should never have happened. Families dealing with wrongful death cases often face financial and emotional challenges, especially because managing complicated logistics while also dealing with grief is not easy.

In Connecticut and New York, wrongful death laws provide a way for families to seek compensation for their losses. If you are dealing with such a loss, an experienced New York personal injury attorney can help you navigate the legal process and pursue the justice you deserve.

Common Causes of Fatal Motorcycle Accidents

Motorcycle accidents often result in severe injuries or fatalities due to the lack of protection riders have compared to car occupants. Some of the most common causes of wrongful motorcycle deaths include:

• Drivers failing to see motorcycles when turning or changing lanes.

• Distracted driving, such as texting while driving.

• Speeding or reckless driving.

• Driving under the influence of drugs or alcohol.

• Poor road conditions or defective motorcycle parts.

• Driving while sleepy during a morning commute.

• Not paying close enough attention in heavy city traffic.

When a fatal accident is caused by negligence, the responsible party can be held accountable through a wrongful death claim.

Compensation for a Wrongful Death Claim in Connecticut and New York

Both Connecticut and New York allow families to seek compensation for financial and emotional losses after a wrongful death. However, there are some differences in how the laws are applied.

Connecticut Wrongful Death Compensation

Under Connecticut law, wrongful death compensation may include:

• Medical Expenses: Costs for medical treatment before the victim passes away.

• Funeral and Burial Costs: Reimbursement for end-of-life expenses.

• Lost Earnings: Income the deceased would have earned had they lived.

• Pain and Suffering: Compensation for the victim’s suffering before death.

• Loss of Companionship: Emotional support and companionship lost by the family.

In Connecticut, punitive damages (intended to punish the wrongdoer) are rare but may be awarded in cases involving extreme negligence or intentional harm.

New York Wrongful Death Compensation

In New York, wrongful death claims are similar but governed by different rules. Compensation typically includes:

• Economic Damages: Medical expenses, lost income, and funeral costs.

• Loss of Services: The value of household support or caregiving the deceased provided.

Unlike Connecticut, New York does not allow families to recover damages for emotional pain and suffering, such as grief or loss of companionship. This difference can significantly affect the amount of compensation available in each state.

How an Attorney Can Help with Wrongful Death Claims

A wrongful death attorney plays a critical role in ensuring families get the compensation they deserve. Attorneys work on behalf of a client to deal with insurance companies, making sure that settlement offers are fair and, if they are not, that the case goes to court. Attorneys will gather evidence, interview witnesses, and hire experts when necessary to testify before a court.

You do not have to worry about dealing with deadlines, calculating damages, or negotiating with insurance companies when you have an attorney on your side. Research shows that plaintiffs who have the help of an attorney tend to recover significantly more compensation than those who do not hire a lawyer.

Contact a New York Metro Area Personal Injury Lawyer

If you have lost a loved one in a motorcycle accident, it is important to consult with a knowledgeable wrongful death attorney familiar with Connecticut and New York laws. The team at Ivey, Barnum & O'Mara, LLC has experience helping families seek justice and compensation. Contact Ivey, Barnum & O'Mara, LLC at 203-661-6000 to schedule a free consultation with one of our Greenwich, CT wrongful death lawyers and learn how we can help during this difficult time.