After a serious bicycle accident, not all victims can seek fair compensation and justice for themselves. Occasionally, their loved ones must be the ones to file insurance claims and legal action on behalf of their family members.
Filing a wrongful death lawsuit is difficult for family members. Not only are you dealing with your personal loss, but you must negotiate with insurance companies as a representative of your deceased loved one. This is when you need a Clermont fatal bicycle accident lawyer. Our talented bicycle accident attorneys can deal with the paperwork and calls from insurance agents while you cope with the other details that follow a fatal bicycle accident.
What is a Wrongful Death Claim?
A wrongful death is any fatality due to the negligent or reckless act of another person. In a wrongful death claim, the family members of the victim stand in place of the victim and file the case on their behalf.
The family or personal representative has the same burden of proof as in a personal injury case. They must establish that the at-fault driver owed a duty to the decedent, breached that duty, and that the breach caused their loved one’s death.
How Are Fatal Bicycle Accident Claims Different?
Under state law in Clermont, the family must have the decedent’s personal representative file a wrongful death claim after a fatal bike accident. If the decedent did not name a personal representative in their will, the court must name one for the family.
After a fatal bicycle accident, family members can ask for the same damages that their loved one would have received if they were filing their own personal injury claim. The only major difference is that the personal representative files on behalf of the decedent and the family.
The family can request:
- Economic damages, including medical bills, the decedent’s lost wages, and future earnings if the family would have depended on the decedent’s earning power.
- Non-economic damages, such as pain and suffering. Proving the decedent’s emotional trauma can require witness testimony.
Family members can also request damages specifically related to their loved one’s death, such as funeral costs, loss of companionship, or, for minor children, loss of parental guidance and care, and loss of consortium (Florida Statute 768.21).
Getting Help From a Clermont Fatal Bicycle Accident Lawyer
After a fatal bicycle accident, family members need compassionate representation and seasoned guidance. At Largey Law Firm, our legal team is here for you when a serious bicycle accident has left you needing help with a personal injury claim.
In Florida, survivors have only two years to file a personal injury claim. Certain exceptions apply, such as when the injured party is a child or when the claimant cannot file on their own behalf. In most cases, the claim must be filed within that two-year period, which includes the time required to obtain a personal representative from the court.
If you need assistance from a Clermont fatal bicycle accident lawyer, contact us as soon as possible. We will explain the laws regarding personal representatives and outline the steps required to file your claim within the proper timeframe. Once we accept your case, your attorney will remain by your side until your claim is resolved through settlement or trial. When you have questions, our team will provide answers. Call today for a free and confidential consultation.
