In Florida, motorcyclists / bikers are the unfortunate victims of motorcycle accident/automobile accidents. When a motorcyclist is injured due to negligence or fault of another driver, the personal injuries can be quite serious and in some accidents even fatal. A Florida motorcyclist has a right to operate his motorcycle on Florida roadways. Unfortunately, motorcyclists lose their lives every year due to driver distraction, speed of the other vehicles, violation of track traffic signals and devices, and other unsafe driving. When a motorcyclist loses his or her life in the State of Florida, the family of the motorcyclist have a right to bring what is called Florida Wrongful Death Case.
The Florida Wrongful Death Case is subject to Florida statutes and related laws.
The following individuals may be able to collect damages for their pain, suffering, loss of services, and related damages.
Surviving Spouse. The surviving spouse of a deceased motorcyclist can stake a claim for his or her damages associated with the death of the motorcyclist. In considering the damages to the surviving spouse, a Judge or Jury will consider the joint light expectancy. In other words, the court will consider the number of years that the motorcyclist and surviving spouse would have lived together if the accident never took place. For instance, let’s assume that the motorcyclist at the time of his death was 40 years old. The surviving spouse was 30 years old. It was expected that the motorcyclist had a life expectancy of 35 more years. The life expectancy of the surviving spouse was 45 years old. Because the motorcyclist and the surviving spouse would have lived together had the accident not occurred for 35 years that would be the number of years used in order to determine the damages are lost or sustained by the surviving spouse.
Minor Children. The surviving minor children of the motorcyclists are defined as children under the age of 25 years old. Like a surviving spouse, the Judge or jury will consider the joint life expectancy of the motorcyclist and the minor children.
Adult Children. The surviving adult children are defined as children 25 years of age and older. If there is no surviving spouse of a deceased motorcyclist, then adult children can also be awarded damages for their pain and suffering.
Parents. If the motorcyclist was under the age of 25, then parents of the deceased motorcyclist can also pursue a claim for their pain suffering and related damages. Ff the deceased motorcyclist was over the age of 25 and was not survived by a surviving spouse or minor children, then the parents of the adult child who died in the motorcycle accident will have a claim for damages.See Section 768.21, Florida Statutes – Florida Wrongful Death – Damages.
Florida’s Wrongful Death Act and related laws can be quite confusing and complicated to the average person. Because of this, is important to contact a Jacksonville Motorcycle Accident Attorney for advice, consultation, and representation regarding a Florida motorcycle accident. Wrongful death cases are typically handled on a contingency basis which means that the attorney will not collect attorney fees or costs unless there is a financial recovery for the family. In addition cases of this nature typically qualify for a free consultation.
Wrongful Death Lawyer – Helping Victims Families
If you lost a loved one due to someone else’s negligence, contact the Law Office of Wood, Atter & Wolf. It is important that family members of the deceased Florida motorcyclist obtain legal advice and understand their respective rights when a family member dies as a result of the negligence or fault of another driver. Contact us today for your free consultation (904) 355-8888.