Losing a loved one for any reason can be a difficult situation, especially if someone’s thoughtless actions are to blame for your loss. Under Florida’s wrongful death laws, you and your family may qualify to receive compensation and hold the at-fault organization or individual accountable for their egregious actions. Because you and your family are already going through a lot right now, consider partnering with a knowledgeable motorcycle crash attorney at our firm who can guide you through the legal process.
At Perenich Law Injury Attorneys, we deeply care about the people we serve. We dedicate significant time and resources to advocating for those who are hurting or whose loved one died because of someone else’s misdeeds. We have stood by many people who have lost someone they cared about in fatal motorcycle accidents in Clearwater. As three brothers helping others, we understand how important family is, and we want to help by lifting the legal burden off your shoulders.
How Do Most Fatal Motorcycle Accidents Happen?
Riding any vehicle comes with risks, but this is especially true for people who are on a motorcycle and do not have a metal frame to protect them in the event of a collision. Despite national campaigns to encourage passenger vehicles to watch out for motorcyclists and share the road with them, many drivers still do not see or respect bikers, which often leads to deadly encounters. For example, an SUV may cut off someone on a motorcycle, causing a crash between them or running the bike off the road, where it hits a pole, tree, or building.
Likewise, people who drink and drive may not give motorcyclists enough space in front or behind them, leading to a fatal accident. Other common causes of deadly motorcycle wrecks in Clearwater include:
- Speeding
- Distraction
- Motorcycle defects
- Driving too fast for weather or road conditions
All of these actions reduce the driver’s ability to make appropriate decisions quickly and accurately when needed. However, regardless of the type of crash, motorcyclists who do not have a helmet or other protective gear are more likely to get hurt or killed in a collision.
How Long Do I Have To File a Lawsuit After a Fatal Motorcycle Accident in Florida?
Florida Statutes § 768.19 gives eligible surviving family members the right to request compensation from the driver or company that caused the crash that killed their loved one. As Fla. Stat. § 768.20 explains, the personal representative of the person who died files the lawsuit on behalf of both the estate and the family and distributes the proceeds accordingly. A personal representative is someone named in a will or other estate document that gives them the authority to act on someone’s behalf (in this case, someone who passed away); however, the court may choose another representative if the will does not say who this person is or if the individual cannot serve in this role for other reasons.
Under Fla. Stat. § 95.11, the personal representative may have up to two years to sue the individual or organization that caused or contributed to the fatal motorcycle crash in Clearwater. Depending on the circumstances, however, they may have more or less time to take this step. A seasoned lawyer at our firm could help a family understand their right to receive compensation and assist them with taking the appropriate actions—e.g., filing a legal complaint—to begin the process.
How Does Compensation Work in a Wrongful Death Claim Involving a Motorcycle Crash?
Ordinarily, Florida’s no-fault insurance laws prevent injured parties from suing because of an auto wreck; however, as discussed in Fla. Stat. § 627.737, the law may allow surviving family members—through the personal representative—to sue if their loved one died in the incident and the overall costs exceed the limits in the personal injury protection policy. Fla. Stat. § 768.21 explains what kinds of damages—e.g., a financial settlement—people can receive if they win the wrongful death claim against the at-fault person or business.
The restitution that family members are eligible for depends on—among other things—their relationship with the person who died. For example, the surviving children may qualify for money to address not having the companionship and guidance of their parent anymore. Likewise, the spouse who lives on may receive funds to compensate them for the loss of their partner’s protection and friendship. Medical, funeral, and burial expenses may also be paid to those who provided or covered the cost of those services, and the estate is also eligible to receive the lost earnings of the deceased in some situations.
Fla. Stat. § 768.25 may require the court to review and approve all aspects of the proposed settlement—which includes individual awards for each person as well as the estate—if a recipient objects to the settlement structure. The judge would need to follow this same process if the compensation package encompasses money to be given to someone who is underage or legally incompetent. Because calculating the cost to you and others after losing someone in a fatal Clearwater motorcycle collision can feel daunting and strange, consider working with a capable lawyer at our firm who could help.
Contact Perenich Injury Law Attorneys After an Accident Kills Your Loved One While They Were Riding Their Motorcycle in Clearwater
When you lose someone you care about in a fatal crash caused by a careless or reckless party, it can be challenging to know where to turn and how to begin the process of grieving and moving forward. While filing a lawsuit cannot bring your loved one back, it can be an empowering way for you to speak your truth and hold the responsible party accountable for what they did.
Our firm seeks to support and restore the agency of those whose loved ones are killed in fatal motorcycle accidents in Clearwater. Call Perenich Law Injury Attorneys today to schedule a no-obligation consultation and learn more about your legal rights and options.
(727) 669-2828
