Fatal Motorcycle Accidents
Motorcycle crashes can have dire consequences for riders. Since motorcycles do not have the structural protection of other automobiles, the risk for serious injury and death is greatly heightened. The U.S. Department of Transportation reports that motorcyclists are 16 times more likely to be killed in a collision than an individual inside an automobile. Elkins fatal motorcycle accident attorney Dorwin J. Wolfe understands how difficult it can be to cope with the aftermath of a lethal crash in West Virginia. At the Wolfe Law Firm, we will investigate the facts of your case, work with adverse parties, and help you seek the justice and compensation you deserve. We serve clients in local communities including Harrison County, Marion County, and Randolph County.Hold Careless Drivers Accountable Through Wrongful Death Lawsuits
Losing a loved one is never easy, but it is even harder to face when someone close to you is unexpectedly killed in an accident caused by someone else’s careless actions. If your loved one died in this type of crash, you may be able to file a wrongful death claim against the responsible party.
A wrongful death action is a civil lawsuit that seeks monetary damages when someone dies due to the negligence of another person or entity. Negligence is the failure to take proper care when doing something. This means that the plaintiff must prove the following elements to succeed in a wrongful death lawsuit:
- The defendant owed the deceased victim a duty of care;
- The defendant breached the duty of care; and
- The defendant’s breach caused the accident, which led to the victim’s subsequent death and related damages.
You may think of a wrongful death claim as a personal injury lawsuit that the victim would have been able to bring if he or she were alive. Under West Virginia’s wrongful death law, only the personal representative of an estate can bring a wrongful death claim. If compensation is awarded, surviving family members may be eligible to receive a share of the damages. Family members who are entitled to compensation through a wrongful death case include a spouse, children and stepchildren, parents and siblings, and financially dependent relatives.
In West Virginia, the personal representative of the decedent’s estate must file the wrongful death claim within two years of the date of the lethal accident. If the case is not filed within the appropriate time frame, the court may dismiss it altogether. This is why it is crucial to consult an experience attorney as soon as you are thinking of pursuing such a claim.
Different types of loss may be compensated in a wrongful death lawsuit. Damages available to surviving family members may include medical bills prior to the decedent’s death, funeral and burial expenses, loss of companionship, mental anguish, emotional distress, pain and suffering experienced before death, lost or damaged property, and any other costs related to the accident.Consult an Experienced Fatal Motorcycle Accident Attorney in Elkins
If someone you know has been killed in a motorcycle wreck, you should contact an attorney as soon as possible to protect your rights. Skilled fatal motorcycle crash lawyer Dorwin J. Wolfe will work with you to explore the details of your situation. We will discuss all your legal options, including the benefits and risks of each. We take pride in getting to know our clients. You can expect the utmost professionalism and competence from our entire staff. For a free case evaluation with an Elkins fatal motorcycle accident lawyer, contact us online or call us at 877-637-5756.