Nothing is harder than the sudden loss of a spouse, parent, or child—especially when it is caused by another’s negligence. All a family can do is what the one they loved would want them to do: rebuild and survive. However, it is harder than it should be for those left behind after fatal motorcycle accidents in Charlotte to get what they need.
As a family member, you may have the right to compensation for what you have lost, as well as for what your relative lost before they died, but the legal process is complicated. State laws and prejudice against motorcycle riders make damage claims even more complex and painful. You should speak to a dedicated motorcycle crash attorney from your hometown legal team at The Downer Law Firm about what happened and what you may be able to recover.
Motorcycle crashes are far more lethal for riders than for car or truck drivers. In fact, North Carolina has one of the nation’s top rates of motorcycle fatalities. Accidental motorcycle deaths and injuries are particularly difficult to pursue legal action in Charlotte for two reasons: the law and the public’s perception.
Under state law, if you are found even partially at fault for an accident, you will be barred from receiving any compensation for your injuries and losses. This is an extremely harsh standard, especially for bereaved family members dealing with major losses. When a motorcycle rider is in an accident, people often believe that they were running risks and were more at fault than others. That is where our firm can step in to defend your right to compensation and the justice your loved one deserves.
Despite this state law, our Charlotte motorcycle accident attorneys understand the challenges associated with fatal injury cases. There are two possible legal actions for those who have lost someone to a motorcycle crash: a survival action and a wrongful death action.
A survival action is the same as the personal injury lawsuit that the deceased person could have pursued had they survived the crash—covering their medical costs, their lost income, and more. However, a wrongful death action represents the damages surviving family members incurred due to their death, including:
Both lawsuits go through the estate, but the family’s claims on the money differ. Our team could walk you through the more nuanced differences between these claims and what your best course of action is.
It is beyond difficult for a bereaved family to try to pursue their own legal claims. Survivors should seek out a Charlotte attorney who has experience with motorcycle accidents and fatalities and will understand how to defend their rights.
When insurance companies investigate an accident, they look for any evidence they could use to avoid paying claims. Anyone with a claim needs an accident attorney who knows how to investigate on their behalf. Our lawyers could offer you support and guidance in managing the claims process and any legal actions you may need to file.
The Downer Law Firm has worked for decades to support accident victims and the people who loved them. As part of your community, we want to hear from anyone who has endured the aftermath of fatal motorcycle accidents in Charlotte. Contact your hometown legal team today. Your consultation is free, and we charge no fee until we win or settle your case.
