Loved Ones of Deceased Motorcyclists May Be Able to File a Wrongful Death Lawsuit

September 27, 2017 | Category: Motorcycle Accidents | Share

Space Coast Daily reported in March 2017 that Florida leads the nation in motorcycle fatalities with 20 percent of the state’s total motor vehicle deaths. Lee County tied for 6th place in 2015 with 26 deaths.

Losing a loved one at any time is always devastating. When a motorcycle accident takes a loved one away, the survivors left behind may face a staggering financial blow if they were dependent on the deceased motorcyclist. It does not matter whether they were the breadwinner or the stay-at-home caregiver. If the accident was caused by, or contributed to, another party, the survivors may be able to file a wrongful death lawsuit in Florida, but it depends on several factors.

Florida statute (768.21) defines who can file as a survivor of a wrongful death and his/her potential for recovery of damages. 

(1) Each survivor may recover the value of lost support and services from the date of the decedent’s injury to her or his death, with interest, and future loss of support and services from the date of death and reduced to present value. In evaluating loss of support and services, the survivor’s relationship to the decedent, the amount of the decedent’s probable net income available for distribution to the particular survivor, and the replacement value of the decedent’s services to the survivor may be considered. In computing the duration of future losses, the joint life expectancies of the survivor and the decedent and the period of minority, in the case of healthy minor children, may be considered.

(2) The surviving spouse may also recover for loss of the decedent’s companionship and protection and for mental pain and suffering from the date of injury.

(3) Minor children of the decedent, and all children of the decedent if there is no surviving spouse, may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury. For the purposes of this subsection, if both spouses die within 30 days of one another as a result of the same wrongful act or series of acts arising out of the same incident, each spouse is considered to have been predeceased by the other.

(4) Each parent of a deceased minor child may also recover for mental pain and suffering from the date of injury. Each parent of an adult child may also recover for mental pain and suffering if there are no other survivors. 

“Wrongful death cases are complicated, and an experienced personal injury attorney should be consulted soon after the accident so no evidence is lost. Memories also fade as time passes, and witnesses may be more difficult to find. Should you or a loved one be a dependent survivor of a motorcyclist’s fatal accident, we are here to assist you with your claim,” said Fort Myers Motorcycle Accident Attorney, Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A.

 

 

Ft. Myers Motorcycle Accident Attorney, Randall L. Spivey is a Board Certified Trial Attorney - the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com. Visit SpiveyLaw.com for more information. You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.

 

 

 

 

 

 

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