Motorcycle Wrongful Death Lawyer
For spouses, children, parents and other close family members who lose loved ones in motorcycle accidents, moving on can feel impossible. At the Babiarz Law Firm, PA, we seek to help our clients through these extraordinarily difficult times by pursuing adequate and just financial compensation for their loss.
Under the Florida Wrongful Death Act, “It is the public policy of the state to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer.” This statement of policy is underscored by a legislative mandate that the law’s protections for family members in wrongful death actions be “liberally construed.”
If you have lost a loved one in a motorcycle accident, it is important -- for you, your family and your future -- that you speak with an attorney about exercising your legal rights. Your losses, both emotional and financial, will be severe, and the law entitles you to just compensation. The Villages® wrongful death lawyer Tim Babiarz has been representing individuals and families who lost loved ones in fatal motorcycle crashes across Central Florida since 1995. If you are entitled to compensation, Mr. Babiarz can help make sure you receive the damages you deserve.
Who Can File a Wrongful Death Claim in Florida?
Under Florida law, “survivors” can seek wrongful death compensation after a motorcycle accident, as can the deceased’s estate. The Florida Wrongful Death Act defines “survivors” as:
“the decedent’s spouse, children, parents, and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters. It includes the child born out of wedlock of a mother, but not the child born out of wedlock of the father unless the father has recognized a responsibility for the child’s support.”
While the motorcycle rider’s estate is entitled to seek compensation for losses the rider could have recovered had he or she survived the accident (such as medical bills, lost income; and loss of future earnings), survivors’ claims are based on their own personal losses. These can include:
- Loss of services and support
- Loss of companionship, instruction and guidance
- Mental pain and suffering (where authorized by statute)
- Any medical or funeral expenses paid on the rider’s or the estate’s behalf
With respect to both survivor claims and claims of the estate, Florida law requires the appointment of a personal representative who then takes legal action on the family’s behalf. A wrongful death lawyer at Babiarz Law Firm, PA can represent you.
Liability for Motorcycle Wrongful Death Accidents
As with all types of personal injury and wrongful death claims, one of the first steps toward securing just compensation for a fatal motorcycle accident is to identify the party (or parties) responsible for the crash. This first step requires a thorough investigation, which should be conducted as soon as possible. An investigation may reveal that any of the following could be liable for your family’s emotional and financial harm:
- A negligent driver
- A negligent driver’s employer
- A trucking or shipping company
- A car, motorcycle or part manufacturer
- A negligent maintenance or repair shop
- A road authority or government contractor
Contact The Villages Wrongful Death Lawyer Tim Babiarz to Discuss Your Rights
If you are ready to speak with an attorney about your loved one’s death, we encourage you schedule a free consultation at the Babiarz Law Firm, PA, Located in The Villages and Lady Lake area, we handle motorcycle wrongful death cases throughout Central Florida. To schedule an appointment at your convenience, please call (352) 205-7599 or get in touch with us online today.