Rights Of A Motorcycle Accident Victim
If you have lost a loved one in a motorcycle accident or you were involved in an accident yourself, getting financial compensation can help with the many expenses and difficulties that arise. One 21-year-old motorcyclist was killed in a Florida accident after a driver turned into his path. The fatal accident occurred within a week of another motorcycle accident in the same city. The second accident involved a motorcycle rider who was not wearing his helmet. Drivers in both cases were ticketed for right of way violation but no additional criminal charges are expected to be filed.
If you have lost a loved one in an accident that was caused by driver negligence, you have the right to hire an aggressive Phoenix accident lawyer and pursue charges against the responsible driver. Whether criminal charges were filed or not, you may pursue civil charges related to the victim’s death and any associated losses. It is possible for a driver to be charged criminally and civilly, or for a driver who was not convicted of any crime to be found responsible for civil charges. Likewise, it is possible for a driver who was found guilty in the criminal justice system to be absolved of any civil claims.
In motorcycle crash cases, public prosecutors are often unlikely to pursue criminal charges if the death was likely caused by an accident. The difference between criminal and civil charges is that criminal charges result in a loss of freedom while civil charges hold only financial consequences.
Although financial compensation cannot bring back a deceased loved one, the law allows you to recover damages for emotional loss as well as medical and funeral expenses. You may also recover the loss of income that your loved one would have provided, especially if this person was the breadwinner of the family. In such cases, a wrongful death attorney may be able to help you show that you and any surviving children of the deceased will face economic hardship because of the loss.
Rights of Accident Victims
If you were only injured in a car accident, you may be eligible to receive compensation for the injuries you sustained. Even if your injuries were relatively minor, you may still be able to recover medical expenses, property damage costs, alternative transportation expenses, and wages if you were unable to work while recovering.
If your injuries resulting from the motorcycle were more extensive, there are more damages you can attempt to recover. In many cases, an injured victim faces long-term medical complications, chronic pain and discomfort. You may be able to sue for emotional distress and pain and suffering as well as your physical damages. Some injuries require long-term medical care, therapy and rehabilitation that you should not have to pay for out of pocket.
Some injuries are so severe that the victim is unable to return to work. If your daily activities are severely affected by your injuries, or you are forced to change careers, the responsible party may be held liable for supplementing your income. In such cases, an attorney can help you demonstrate the long-term financial losses you sustained and how they are related to the accident. A moment of negligence can render you unable to provide for your family the way you had planned. Should you be unable to keep working, a lawsuit may be able to supplement any disability payments you receive.
Specificity and Facts
All aspects of the civil justice system relate to facts. Even the emotional distress caused by an accident is a type of fact to be presented to the jury. It is your job to prevent the facts as thoroughly and clearly as possible so the jury or judge can make an informed decision about your rights as an injured victim or survivor. Presenting a thorough account of the facts in your case is the best way to increase your chances of recovering damages.
Working with a wrongful death attorney is essential when it comes to creating a strong case. An attorney can review the facts of your case and help you determine whether it has merit. Attorneys deal with many injury cases on a regular basis, so a skilled attorney can help you understand what a judge will look for and whether filing a lawsuit is worth your time and effort. An attorney can also represent you to the other party’s attorney and any insurance representatives you deal with.
In some cases, you may be better off accepting a settlement from the responsible party or his or her insurance company. Working with a motorcycle accident lawyer is also the best way to ensure that you get a fair settlement as many insurance companies will offer unfair settlements in an attempt to prevent you from filing a lawsuit.