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Goldstein and Bashner

What to do When a Family Member Dies in a Motorcycle Accident

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Nothing we can do will change the devastating loss you feel or let us go back in time to moments before that last fateful bike ride. We have worked with numerous families like yours, acting as close confidant, counselor and friend to help in the best way we can. A lawsuit’s purpose is to help ease the financial worries that this new reality has caused and help bring some closure as part of the healing process.

Filing a Wrongful Death Lawsuit

When a person is killed in a motorcycle accident—or any other vehicle accident—due to someone else's fault, a wrongful death claim can be filed by the estate. Unlike other states, In New York, this claim must be filed by the personal representative of the deceased person’s estate. This person—who may or may not be a family member—can file on behalf of the surviving spouse, children, parents and siblings.

Wrongful death cases are difficult and emotional for the family, but many of them settle before a trial. However, that doesn’t mean that you can just ask for a fair settlement and receive it. In most cases, you will have to fight for it. You, together with your lawyer, will have to present evidence and well-reasoned arguments to convince the insurance company that it is a good idea to settle. Additionally, you will need to convince the insurance company that you are not afraid to go to trial. Otherwise, the insurer may exploit your fear and try to get you to accept a lower settlement since they know you will not pursue a recovery in the courtroom.

Some of the losses you can recover include:

  • Funeral and burial expenses
  • Hospital bills, nursing care and any other medical expenses related to the accident
  • Loss of earnings between the time of the accident until the time of death
  • The value of support and services the deceased provided to the family
  • The value of parental nurturing, guidance and education to surviving children
  • Conscious pain and suffering endured by the deceased before their death
  • Lost inheritance

New York State does not allow surviving members to recover damages for their own pain, suffering, mental anguish or loss of companionship.

How Our New York Wrongful Death Lawyers Can Help

Our experienced lawyers will be on your side advocating for your loved one every step of the way. We have more than 25 years helping clients get the compensation they need after a loved one’s wrongful death.

Call us today for a free consultation and let our wrongful death accident lawyers help give you information, answer questions and let you know your legal options. We will help determine the best course of action that takes your family’s needs into account.  

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