I Lost a Loved One in a Motorcycle Crash: What Are My Legal Options? By Moody Law | Personal Injury Attorneys on May 07, 2024

red rose resting on gravestone

Motorcycles are a popular passion—the feeling of the wind whipping by on a sunny day is the ideal form of fun for many. However, the speed and minimal protection these vehicles offer can make motorcycle accidents especially dangerous, and even deadly, for riders.

If you lost a loved one in a motorcycle crash, you have legal options and the sincere condolences of the entire team at Moody Law. Though nothing can replace the person you lost, filing a wrongful death lawsuit against the responsible party can help you recover the compensation needed to move forward. Let our motorcycle accident and wrongful death attorneys serving TampaLakeland, and Winter HavenFL, explain the basics of this option.

How a Wrongful Death Claim Can Help You Move Forward

A life can never be replaced, but taking legal action against the negligent party that caused your loss can provide important closure and financial compensation to help your family move on from the incident. In addition to recovering costs associated with medical bills and your pain and suffering, by standing up and seeking justice in the courts, you could be helping another family avoid senseless tragedy in the future.

Who Can Sue for Wrongful Death in Florida?

In the state of Florida, a decedent’s beneficiaries (parents, spouse, and children) are eligible to receive compensation for their wrongful death, although only one person, known as a personal representative, may be responsible for the actual filing.

Our attorneys serving Tampa, Winter Haven, and Lakeland can help you make this determination and initiate the process in court.

How Wrongful Death Is Compensated

You can recover economic damages, non-economic damages, and punitive damages for wrongful death caused by a motorcycle accident in Florida:

Economic Damages

These represent monetary losses, such as funeral costs and medical care your loved one received before they passed.

Non-Economic Damages

These represent losses not measured by money, such as your emotional anguish and loss of companionship of your loved one.

Punitive Damages

These are only awarded in cases of intentional misconduct or gross negligence. They are extra compensation for your losses and send a message to potential future defendants that such conduct is to be avoided at all costs. 

We will be glad to discuss the circumstances of your case and what your family could expect to recover during a free consultation at our law offices in Bartow, Tampa, and Lakeland, FL.

Understanding Comparative Negligence

Florida follows the comparative negligence principle when calculating personal injury damages. Under this system, an injured party cannot collect damages for their injuries if they are found to be more than 50% liable for the incident in question.

Comparative negligence applies to all personal injury categories, including motorcycle accidents and wrongful death. Our attorneys will work hard to prove that your loved one did not bear the majority of the responsibility for their passing.

Only Two Years to File

In Florida, the statute of limitations for wrongful death lawsuits is two years. This means that the two-year window you have to file begins on the date of your loved one’s passing.

Our motorcycle accident and wrongful death attorneys understand how quickly this time can fly as you deal with funeral expenses, medical costs, and grieving your loss, but we urge you to reach out to us as soon as you are able. The more time our attorneys have to work on your case, the greater our chance of achieving the justice you deserve. 

You Are Not Alone: Contact Us Today

Moody Law stands with families during some of the hardest times of their lives. Our job is to relieve some of the burden you’re bearing by handling all aspects of your motorcycle accident wrongful death case. Reach out for a free consultation.

Related to This

Daniel D. Moody, J.D., B.C.S.

Moody Law, P.A.

Moody Law was founded by Daniel D. Moody for the sole and exclusive purpose of representing the injured. Our main office is centrally located next to the Polk County Courthouse in Bartow, FL, serving Lakeland, Winter Haven, and all the other communities of Polk County.  Some of Mr. Moody’s honors, memberships, and associations include:

  • The Florida Bar Board Certification – Civil Trial Specialist
  • AV PREEMINENT Martindale-Hubbell Lawyer Ratings
  • Life-member Multi-Million Dollar Advocates Forum
  • Best Attorneys of America – Rue Rating Lifetime Charter Member
  • National Trial Lawyers: Top 100 Trial Lawyers

To schedule a free, no-obligation consultation, contact us online or call (863) 733-9090.

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“Our experience with Moody Law has been awesome, from the first day of calling and talking with the front desk staff and meeting with everyone through the whole process, everyone has been helpful in helping us to resolve this matter.”

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