Baton Rouge Motorcycle Accident Wrongful Death Lawyer | Spencer Calahan Injury Lawyers
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December 5, 2019

Baton Rouge Motorcycle Accident Wrongful Death Lawyer

In many motorcycle wrecks, the motorcyclist is severely injured, but in some cases, they don’t survive. A fatal motorcycle crash leaves the surviving family members dealing with funeral expenses, fighting insurance battles, and attending court all while grieving the loss of their loved one. It’s made worse when the insurance company comes back with an offer that doesn’t cover the cost of all the losses.

One way to avoid all this extra stress is to contact a Baton Rouge motorcycle accident wrongful death lawyer from Spencer Calahan Injury Lawyers. A lawyer can help you navigate the difficult path after the loss of your loved one and get your family the compensation you need to secure your future wellbeing.

Understanding Wrongful Death Claims

Each state has its own laws regarding wrongful death claims. Our firm will help you understand the basics about wrongful death lawsuits in Louisiana, including what they are, who can file, when you can file, and what compensation may be awarded.

What Is a Wrongful Death Claim?

A wrongful death case results from an incident where someone dies due to the negligent or intentional misconduct of someone else. In this case, an automobile-motorcycle accident. 

Who Can File a Wrongful Death Claim in Louisiana?

There are specific categories of people that may file a wrongful death claim. It starts with the surviving spouse or children of the deceased. If there are no children and no spouse, priority for filing a claim moves to the parents. If no parents are alive (or known), siblings of the deceased may file. Finally, if there are no siblings of the deceased, grandparents may file.

When Can a Wrongful Death Claim Be Filed

The law requires that a wrongful death claim be filed no more than one year after the person’s death. In some cases, a person can be hospitalized and receive treatment for injuries and still pass away. In that case, you may still file for wrongful death, but it must be no more than one year from the death date (instead of the motorcycle accident date).

It’s important to note that even if the deceased person was partially at fault for the fatal collision, a wrongful death claim may still be possible.

Compensation for Surviving Family Members

Damages from a wrongful death claim will fall under two categories: economic and non-economic. Economic damages include the following:

  • Funeral and burial expenses
  • Medical bills from before the death
  • Lost wages and income of the deceased
  • Damaged property
  • Other bills incurred from the fatal motorcycle wreck

Non-economic damages generally refer to things like pain and suffering—of both the deceased and surviving relatives—and lost companionship and guidance that would have been provided by the victim to the family members.

Speak with a Baton Rouge Fatal Motorcycle Accident Lawyer

Losing your loved one in a fatal motorcycle crash is heart-wrenching enough, but when all the expenses come into play, your pain goes from bad to worse. You want to be certain that you have the money you need to bury your loved one and recover from the medical and personal expenses of their accident, and we do too.

Arrange a free consultation with a Baton Rouge motorcycle accident wrongful death lawyer from Spencer Calahan Injury Lawyers by completing the form below or by calling us at 225-387-2323.