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Understanding wrongful death claims in motorcycle accidents

On Behalf of | Dec 23, 2023 | Wrongful Death |

According to the National Safety Council, motorcyclists accounted for 14% of all traffic fatalities in 2021. When someone else’s negligence in a motorcycle accident leads to the death of a loved one, pursuing a wrongful death claim becomes a key step in seeking justice.

A wrongful death case arises when the negligence of another party causes the untimely death of an individual. In the context of motorcycle accidents, this negligence could stem from various factors, such as reckless driving or ignoring traffic laws.


Establishing the responsible party’s negligence is necessary to succeed in this lawsuit. This involves demonstrating that the other party had a duty of care, breached that duty through their actions or inaction and that this breach directly led to the fatal motorcycle accident.

Damages types

In untimely death claims related to motorcycle accidents, the damages include both economic and non-economic losses. Monetary damages may include medical expenses, funeral costs and the loss of financial support provided by the deceased. Non-economic damages aim to address the emotional toll on the surviving members of the family, such as pain, suffering or loss of companionship.

Time limitations

There is a statute of limitations of two years from the date of death for this type of lawsuit in Florida. Prompt action is necessary to preserve the right to seek compensation for the tragic loss.

Causation proof

Successfully proving causation is necessary for this type of claim. This involves establishing a direct link between the negligent actions of the responsible party and the accident. Evidence such as witness statements and accident reports can strengthen the case.

Pursuing a wrongful death claim after a motorcycle accident is a challenging task for families coping with the loss of a loved one. By understanding the legal elements involved, grieving families can work toward obtaining the justice and compensation they deserve.