Pursuing a Wrongful Death Action If a Family Member Is Killed in a Motorcycle Accident

Wrongful Death Motorcycle AccidentLosing a loved one in a motorcycle accident in Norfolk or Virginia Beach is an experience that no family should have to endure. The emotional pain and financial burdens that follow can be overwhelming, leaving you uncertain about your future. 

However, in such tragic circumstances, it is important to remember that you may be entitled to compensation that can help you obtain justice and move forward. Our team of experienced Norfolk motorcycle accident lawyers at Tavss Fletcher is here to handle all the steps in the complex legal process of filing a wrongful death claim and obtaining the damages you deserve so that you can focus on grieving and rebuilding your life.

Understanding the Causes of Fatalities in Motorcycle Crashes

Motorcycle accidents can have devastating consequences due to the vulnerability of riders who only have their clothes and helmets to protect them from a much larger and heavier motor vehicle. Understanding the common causes of fatalities in motorcycle collisions is essential to determining if you have a claim against the negligent driver who caused your family member’s death. Some leading reasons include:

  • Speeding
  • Intoxication
  • Distracted driving
  • Unsafe left turns
  • Dooring accidents

Wrongful Death Actions in Norfolk Motorcycle Collision Cases 

In Virginia, a wrongful death action is a legal process that allows certain individuals to seek compensation for the loss of a loved one due to someone else's negligence or intentional misconduct. This legal avenue helps families find a measure of justice and financial relief during their difficult times. Compensation awarded in these cases includes:

  • Reasonable funeral and burial expenses
  • Medical expenses caused by the motorcycle wreck
  • Pain and suffering damages
  • Loss of the loved one’s financial assistance, emotional support, and companionship

Who Can File a Wrongful Death Action After a Virginia Motorcycle Wreck?

Only specific individuals are permitted to file a wrongful death action in Virginia. The following individuals can file a wrongful death claim.

Surviving Spouse

The surviving spouse of the deceased has the primary right to file a wrongful death claim.

Children and Grandchildren 

If there is no surviving spouse, the deceased's children can file a wrongful death action. A surviving grandchild would have the right to pursue a claim if no children survived the motorcycle accident victim.

Parents and Siblings 

If there is no surviving spouse, children, or grandchildren, the deceased’s parents and siblings may be able to file a claim.

Representatives of the Estate

If there are none of the above parties, a personal representative of the deceased's estate can file on behalf of the estate's beneficiaries under Virginia’s intestate laws.