Filing a Wrongful Death Lawsuit After a Deadly Motorcycle Accident

Fatal motorcycle accident

If your loved one dies in a fatal motorcycle accident, what are your legal options? Georgia law is very strict when it comes to wrongful death lawsuits. This is just one reason why you may want to hire a Conyers wrongful death lawyer to help you during this difficult time.

In this blog, we will discuss who has standing to file a wrongful death lawsuit in Georgia. We will also explain how the legal process works and what kind of damages you can demand from the defendant.

Who Can File a Wrongful Death Lawsuit After a Fatal Motorcycle Accident?

In Georgia, there are only certain people who can file a wrongful death claim. According to Georgia Statute §51-4-2, only the following people have standing to sue after their loved one dies in a fatal motorcycle accident:

  • Surviving spouse
  • If there is no spouse, the decedent’s children
  • If there are no children, the victim’s parents

If there are no suitable family members to file suit, the personal representative of the decedent’s estate can also sue.

What Is the Deadline for Filing a Wrongful Death Lawsuit in Georgia?

In Georgia, you only have a certain amount of time to file your wrongful death claim. According to the statute of limitations, you have two years to do this. The two-year period starts on the date of your loved one’s death.

It’s important to note that this date may not be the same date as the fatal motorcycle crash. It could be days, weeks, or even months later.

Are There Any Exceptions?

There is an important rule that may impact your filing deadline. In Harrison v McAfee 338 Ga. App. 393, 402 (2016), the Georgia courts held that in cases involving a motor vehicle accident, a special rule may apply.

If the defendant was charged with a crime or traffic violation, the clock will not start ticking until their legal case has been decided. This can extend the statute of limitations period for up to six years if need be.

Your Conyers Motorcycle Accident Attorney May Have to File Two Lawsuits

After a fatal motorcycle crash, your family may have to file two different kinds of lawsuits. The first is an ordinary wrongful death lawsuit. This case is meant to sue on behalf of the decedent. The damages sought in this type of case will be those damages the victim would have demanded had they survived the crash.

The second type of case you may need to file is called an estate claim. This is where your family can sue for the damages they have suffered as a result of the fatal motorcycle accident.

wrongful death lawsuit

What Kind of Damages Can Your Wrongful Death Lawyer Demand?

The types of damages your family can receive will depend on the type of lawsuit you file. In your wrongful death claim, your Conyers motorcycle accident attorney can demand compensation for the full value of the decedent’s life.

This term may seem vague. That’s because it is. According to Brock v Wedincamp, a case dating back to 2002, the plaintiff in a wrongful death claim can demand two types of damages – tangible and intangible.

Tangible damages include the following:

  • Money the victim would’ve earned had they not been killed in a fatal motorcycle accident
  • Financial value of the household jobs the decedent performed while they were alive

Intangible damages would include such things as the victim’s reason for living and the relationships the victim had with their family and friends.

What Damages Can the Family Demand in the Estate Claim?

In an estate claim, the wrongful death lawyer can demand damages as well. This may include any or all of the following:

  • Funeral and burial expenses
  • Medical expenses related to the victim’s death
  • Pain and suffering experienced by the decedent
  • Property damage caused to the motorcycle

The damages in the estate claim will be distributed to the decedent’s heirs.

Who Receives the Money Once a Wrongful Death Lawsuit Settles?

After settling a wrongful death claim or winning in court, the money will be distributed according to Georgia law. Regardless of how many children or heirs the decedent has, their spouse is entitled to at least one-third of the settlement proceeds.

The rest of the money will be distributed amongst the rest of the victim’s heirs, including their children.

Contact Our Office if Your Loved One Died in a Fatal Motorcycle Accident

Losing a loved one is hard enough when they pass away from natural causes. When they die as the result of a fatal motorcycle accident, it is much harder to deal with. Your family may have a legal claim against the person who caused the crash. Your wrongful death lawyer in Conyers can help hold them accountable.

Our firm offers new clients a free, initial consultation. This gives you a chance to find out if you have standing to file a wrongful death lawsuit. It also allows our Georgia accident attorneys a chance to review your case.

Simply contact our office at 770-HELP-NOW today so you can schedule your free case review.

Latest Posts

What Happens to Your Body after a Motorcycle Crash?
What Will My Motorcycle Accident Lawyer Do for Me?
Who Covers Damages in a Rental Car Accident?
How to Navigate Legal Action after a Bicycle Accident
Get the compensation
you deserve $$$

Local Auto Accidents

  • Atlanta
  • Conyers
  • Decatur
  • Kennesaw
  • Lawrenceville
  • Morrow
  • Watkinsville

One dead after crash in Atlanta, police say WXIA [...]

Memorial Day weekend Georgia drownings, car accidents WXIA [...]

Victims of Sunday's multi-vehicle crash on I-75 in Bartow County identified  FOX 5 Atlanta [...]

Community stunned after 4 dead, 6 injured in I-75 crash in Bartow County  Atlanta News First [...]

4 killed in crash on I-75 in Bartow County identified  Atlanta News First [...]

Cheapest Car Insurance Quotes in Georgia (Best Rates in 2024)  ValuePenguin [...]

Crash at notorious Decatur intersection sends three to the hospital [...]

1 dead in DeKalb County crash involving Tesla: Police WXIA [...]

1 dead in overnight Decatur car crash, police say  Atlanta News First [...]

16-year-old student dies in crash, marking Lakeside High's fifth traffic fatality this school year [...]

Construction worker fatally injured on UGA campus; investigation underway  Online Athens [...]

Watkinsville woman killed in two-vehicle collision in Oconee County  Online Athens [...]

Truck driver killed, 3 others injured in related traffic accidents, Athens police say  Atlanta News First [...]

Watkinsville man killed following truck crash on Commerce Road  Online Athens [...]

Daniel Thomas “Danny” Roland  Now Habersham [...]

Miracle Trudestiny Morrow killed in Birmingham crash  The Legal Advocate [...]

3 dead after driver flees from GA police, crashes vehicle as car goes up in flames  WSB Atlanta [...]

Clayton County: Stolen ambulance chase leads to crash near Tara Boulevard, Dixon Road  FOX 5 Atlanta [...]

GDOT: I75 crash in Clayton County; lanes blocked WXIA [...]

Four killed in Ohio highway wrong-way crash  NBC4 WCMH-TV [...]

Driver killed after high-speed chase ends in crash in Cobb County  FOX 5 Atlanta [...]

Drivers Allegedly Racing to Car Meet Wreck Each Other in 8-Car Pileup  The Drive [...]

8 Sports Cars Allegedly Racing Each Other Pile Up In Georgia Highway Crash  CarScoops [...]

Community stunned after 4 dead, 6 injured in I-75 crash in Bartow County  Atlanta News First [...]

Bartow County crash: Kennesaw State University student killed WXIA [...]

One dead after crash in Atlanta, police say WXIA [...]

Woman killed in Henry wreck that shut down I-75 South for hours   The Atlanta Journal Constitution [...]

Driver in deadly Peachtree Corners high-speed crash charged with murder  FOX 5 Atlanta [...]

4 Dead, At Least 3 Injured In 2 Gwinnett Co. Crashes  Patch [...]

Child hit by car in Mall of Georgia parking lot dies at hospital  FOX 5 Atlanta [...]

Best Cheap Car Insurance Rates in Georgia (as low as $42/mo)  ValuePenguin [...]

2 killed in motorcycle crash on I-20 in Rockdale County  WSB Atlanta [...]

Two people dead after crash in Walton County, GSP says WXIA [...]

2 killed in Rockdale County multi-vehicle crash, sheriff’s office says  Atlanta News First [...]

I285 DeKalb Co, crash; all lanes closed: GDOT WXIA [...]

Free Case Review
Weinstein law firm logo
Let's get started with your FREE consultation
Weinstein law firm logo
Injured in an Accident? You Want the Best!

When it comes to personal injury cases, time isn't always on your side. Contact us today and see why all of our clients say Weinstein Wins!

Let us fight for your rights and get you the maximum compensation you deserve!