With year around sunshine and mile after mile of beautiful coastline it should come as no surprise that residents and visitors alike enjoy riding motorcycles in the State of Florida. The high number of riders, however, also increases the likelihood that a motorcycle will be involved in a motor vehicle accident. When a motorcycle is involved the injuries to the victim can be serious, even fatal. If you lost a loved one in a Florida motorcycle accident you may be wondering if you can file a lawsuit. The answer depends on several factors.
When a loved one is killed in an accident it often results in unimaginable grief; however, the damage to survivors does not stop there. Losing a family member can also cause a devastating financial blow to the family as a whole if the family depended on the decedent for support. Whether the decedent was a stay at home parent or the family bread winner, the sudden loss can have a significant practical impact on the survivors as the family scrambles to figure out how to move forward without the financial and/or household support of their loved one. If another party caused, or contributed to, the motorcycle accident that took the life of your loved one you may be entitled to file a wrongful death lawsuit in the State of Florida.
The most important factor in deciding if you can file a lawsuit is whether or not you are entitled, by statute, to file as a survivor of a wrongful death. In Florida, the personal representative of the estate of the decedent actually files a wrongful death lawsuit; however, the following survivors may be considered claimants in the lawsuit:
- The decedent’s spouse
- The decedent’s children
- The decedent’s parents
- When they were at least partially dependent on the decedent for support or services, blood relatives including adoptive brothers and sisters.
Assuming you qualify as a potential claimant, the other important factor is whether or not another party’s wrongful conduct caused, or contributed to, the accident. Typically, this means another party was negligent and that negligence was a contributing factor in the collision. Because wrongful death is complicated it is always best to consult with an experienced Florida wrongful death attorney to find out if you qualify as a claimant as well as whether it appears that another party’s wrongful conduct caused the accident.
If you lost a loved one to a motorcycle accident in the State of Florida it is imperative that you consult with an experienced Florida wrongful death attorney as soon as possible to discuss your legal options. Contact Powers Sellers & Finkelstein, PLC when you need a criminal defense attorney working for you.
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