Although motorcycles make up a small proportion of registered vehicles in Nevada, data shows that motorcycle accidents account for 20 percent of traffic fatalities in the state. Sadly, most of these deadly crashes occur in Las Vegas and surrounding Clark County areas.
When someone dies in a motorcycle accident, surviving loved ones may experience sudden financial hardships on top of unimaginable grief. The loss of the victim’s income, support, and other contributions, coupled with unexpected medical and funeral costs, can easily become overwhelming.
In Nevada, it’s possible to file a wrongful death claim when someone else’s negligence causes a family member’s death. At THE702FIRM Injury Attorneys, we can help you seek justice and compensation for your loss. Your financial stability and wellbeing matter to us. Contact us today for a free consultation with an experienced Las Vegas motorcycle accident lawyer.
What to Do After a Fatal Motorcycle Accident in Las Vegas
Learning of a beloved relative’s fatal motorcycle accident death can send your life into a tailspin. Although filing a lawsuit may be the last thing on your mind amid your grief, it’s worthwhile to think about how taking legal action could impact your future.
To protect your legal rights and begin the process of seeking justice for your loved one’s death, you should:
- Contact a Las Vegas motorcycle accident lawyer: Though you may not have been at the accident scene, you will need strong evidence to prove your case for compensation. An experienced attorney can help you collect the proof you need for a solid claim, such as the police accident report, witness statements, photos of the accident scene, and the names and insurance information from the other party(s) involved in the wreck.
- Locate estate planning documents: If your loved one left behind a will or any other estate planning documents, now is the time to locate them so the court can validate them.
- Obtain your loved one’s medical records (if possible): Medical records can provide important proof of your loved one’s injuries and how they contributed to their untimely death. In Nevada, you may need a lawyer’s help to access this information unless you are the estate’s personal representative or a trustee of a living trust they created before they died.
- Document financial losses: Gather medical bills, funeral expenses, and proof of any income or benefits your loved one provided for the family before their death. This information can help your motorcycle accident lawyer place an appropriate value on your case.
Is a Fatal Motorcycle Accident Considered a Wrongful Death?
Not every motorcycle accident can be counted as wrongful death. Under Nevada law, a wrongful death is any death that results from another party’s negligent action or omission. This means a motorcycle accident fatality may be only be considered a wrongful death if another party’s recklessness led to the victim’s death.
The wrongful death label is essential in fatal motorcycle accident death claims because several rules and regulations apply to these cases. Only the following individuals can file a wrongful death lawsuit in Nevada:
- The personal representative of the deceased’s estate (usually the executor of the will or a court-appointed individual)
- Surviving spouse or domestic partner
- Surviving children
- Parents
- Siblings
- Closest surviving relatives
Even with these guidelines, it’s not always easy to tell whether a person could be the beneficiary of a wrongful death claim. Talk to an experienced motorcycle accident lawyer in Las Vegas for better answers.
What Damages Can Be Recovered After a Fatal Motorcycle Accident?
The “damages,” or money awarded in a wrongful death claim, are designed to compensate the deceased victim’s estate and surviving family members.
With a successful wrongful death lawsuit in Nevada, your family may be able to recover compensation for the following motorcycle accident losses:
- Medical expenses: Cost of any medical bills or related expenses due to your loved one’s accidental death
- Funeral costs: Reimbursement for reasonable funeral expenses, such as the costs of burial, memorial, or cremation services.
- Loss of financial support: Projected costs of lost financial support your loved one would have earned, such as lost wages, bonuses, and benefits
- Loss of companionship: Intangible value of the love, consortium, comfort, advice, and interpersonal support your loved one would have provided had they survived
- Pain and suffering: Subjective cost of the psychological and emotional pain and suffering your family endures due to the fatal motorcycle accident
- Punitive damages: Awarded in rare cases when the at-fault defendants acted with extreme recklessness or intentional malice
How Long Do I Have to File a Fatal Motorcycle Accident Lawsuit?
If you suspect you have grounds for a wrongful death lawsuit in Las Vegas, it’s essential to understand Nevada’s statute of limitations and how it could affect your case.
The statute of limitations sets a maximum limit on the amount of time you have to file certain types of lawsuits. When it comes to wrongful death cases, this time limit is two years.
The two-year window for a wrongful death lawsuit begins on the date of their death. If the personal representative waits to file your claim until after this two-year deadline expires, the court will likely dismiss your case, and you will lose your right to compensation.
Contact Our Motorcycle Accident Lawyers in Las Vegas
THE702FIRM Injury Attorneys are dedicated to fighting aggressively on behalf of injured and grieving clients throughout Las Vegas. If someone close to you was killed in a fatal motorcycle accident, call or contact us today to learn how we can help your family get the answers, compensation, and closure that you deserve. The first consultation is free.