If you have lost a loved one in a fatal motorcycle accident in Alabama, we offer our sincere condolences. You are dealing with an impossibly difficult situation, and you are facing the reality that your life will never be the same. In this situation, ensuring the at-fault party is held accountable can provide closure and help ensure you do not face any financial struggles as a result of what has happened.
Seeking accountability for a fatal motorcycle accident involves filing a wrongful death claim, and hiring an experienced Birmingham motorcycle accident attorney is the first step in the process. This article provides an overview of the process and offers insight into what you can expect if you decide to move forward.
The Process of Filing a Wrongful Death Claim for a Fatal Motorcycle Accident
While there are several steps involved in filing a wrongful death claim in Alabama, you can rely on your Birmingham motorcycle accident attorney to take most of these steps on your behalf. But, there are certain steps you will need to take as well—and you will want to rely on your attorney’s advice to ensure that you are making sound decisions with your family’s best interests in mind.
The major steps involved in filing a wrongful death claim after a fatal motorcycle accident in Alabama are as follows:
1. Scheduling a Free Consultation to Discuss Your Family’s Legal Rights
As we said above, hiring an experienced Birmingham motorcycle accident attorney is the first step toward seeking justice for your loved one’s death. Since it’s important to investigate promptly (more on this below), you should schedule a free consultation as soon as possible.
During your free consultation, you can expect your attorney to ask questions about the accident, explain your family’s legal rights, and then walk you through your next steps should you decide to take legal action. You should feel free to ask any questions you have, as well—including questions about the attorney’s experience representing motorcycle accident victims and their families.
2. Investigating Your Loved One’s Fatal Motorcycle Accident
Once you hire an attorney, one of your attorney’s first priorities will be to investigate the fatal accident. It is critical to preserve as much evidence as possible before it disappears. If it’s not too late, your attorney will send an investigator to the scene of the accident to preserve any forensic evidence that is available. Investigating the accident may also involve examining your loved one’s motorcycle and riding gear, examining the other vehicle (or vehicles) involved in the crash, obtaining drivers’ phone records and receipts, and gathering various other forms of evidence as well.
3. Determining Which Party (or Parties) to Hold Accountable
After investigating your loved one’s motorcycle accident, your attorney will then be able to make a determination about which party (or parties) to hold accountable. In most cases, filing a wrongful death claim after a fatal motorcycle accident will involve dealing with a negligent driver’s insurance company.
But there are other possibilities as well. For example, depending on the circumstances involved in your loved one’s fatal accident, your family could also have claims against:
- A negligent driver’s employer
- A negligent driver’s rideshare company
- A motorcycle or vehicle manufacturer
- A riding gear manufacturer
- The government agency that is responsible for the road where the crash occurred
Even these are just examples. When filing a wrongful death claim, it is critical to ensure that you are seeking just compensation from the appropriate party (or parties). This requires a careful legal analysis, so you will want to rely on your attorney to make this determination on your behalf.
4. Filing a Claim to Preserve Your Family’s Legal Rights
After a fatal motorcycle accident, you only have a limited amount of time to assert your family’s legal rights. With this in mind, after determining which party (or parties) to sue, your attorney will take legal action on your family’s behalf to ensure that you don’t run out of time to seek the financial compensation your family deserves. Since preserving your family’s legal rights is a formal legal process, it is important to have an experienced attorney handle this aspect of your claim as well.
5. Calculating the Damages Your Family is Entitled to Recover
If your family has a wrongful death claim for a fatal motorcycle accident, it will be up to you to make sure you are seeking the full compensation your family deserves. Recoverable damages in fatal motorcycle accident cases include:
- Medical bills, funeral expenses, and other out-of-pocket costs
- Loss of income and inheritance
- Emotional distress
- Loss of companionship and consortium
- Punitive damages in some cases
Calculating the damages your family is entitled to recover is a process of its own—and, here too, experienced legal representation is essential. You should expect to work with your attorney to document your family’s losses, and then you will want to rely on your attorney to fight for maximum compensation on your family’s behalf.
6. Seeking to Settle Your Family’s Wrongful Death Claim Out of Court
In most cases, successful wrongful death claims are resolved via out-of-court settlements. Your attorney will negotiate for a fair settlement on your family’s behalf, and if an offer is on the table, your attorney will help you decide whether to accept the offer or continue fighting for additional compensation. While your attorney can (and will) provide advice, this is ultimately your decision to make.
7. Taking Your Family’s Wrongful Death Claim to Court if Necessary
If you decide that you are not willing to accept a settlement, your attorney will take your family’s wrongful death claim to court. In some cases, going to court is what it takes to convince the insurance companies to make a fair offer. Only rarely does seeking just compensation involve going to trial. But if you need to take your case to trial, your attorney will be fully prepared to fight for justice in the courtroom.
Schedule a Free Consultation with a Birmingham Motorcycle Accident Attorney Today
If you have questions about filing a wrongful death claim after a fatal motorcycle accident in Alabama, we strongly encourage you to get in touch. Call us at 205-855-2745 or get in touch online to schedule a free consultation today.