Tupelo Fatal Motorcycle Accidents
Motorcycle accidents are frequently among the most serious types of motor vehicle accidents. This is because motorcycles do not have many of the safety features that come standard in most other motor vehicles, and there is no metal frame around the rider to absorb any of the force of the impact. Also, motorcyclists can be thrown off of the bike during an accident, exposing them to further danger. Due to the seriousness of these risks, it is unfortunately common for motorcycle accidents to result in fatal injuries. If you have lost a loved one in a fatal motorcycle accident in Tupelo or the surrounding area, the Tupelo motorcycle accident attorneys at Nahon, Saharovich & Trotz may be able to help you pursue a wrongful death claim against the responsible party or parties.
Fatal Motorcycle Accidents
Pursuing a wrongful death claim in a fatal motorcycle accident case begins with Mississippi’s wrongful death statute. The statute provides the procedure that must be followed when bringing a wrongful death action, including who may bring the action in the first place. Under Miss. Code Ann. § 11-7-13, the deceased’s spouse, children, parents, siblings, or personal representative of the estate can all potentially be the proper party, depending on the facts of the case. An experienced wrongful death attorney will know who the property party is in your case, and they can help you avoid any other missteps in pursuing your claims. Failure to abide by the statute could result in the case being dismissed.
In addition to determining the proper party to pursue the claim, the survivors of a fatal motorcycle accident victim generally must also prove that the responsible party was negligent in causing the death. To do this, the legal elements of duty, breach of duty, causation, and damages must be satisfied. Evidence that can be used to establish these elements of negligence can be found in many ways. Police reports are often valuable sources of information. Witness testimony can also be helpful. By seeking the assistance of a personal injury attorney in Tupelo, you can maximize your chances of finding the proof necessary to sustain your claims against the at-fault party.
Once the elements of negligence have been met, damages will become the main focus of the case. In fatal motorcycle accident cases, the damages available are more extensive than many other personal injury actions. They can include past medical expenses, lost wages, pain and suffering experienced before death, funeral expenses, burial costs, loss of consortium, and more. It is critical to understand all elements of damages under Mississippi law in order to know which may apply to your particular situation.
Discuss Your Motorcycle Accident Case with a Tupelo Attorney
At Nahon, Saharovich & Trotz, our attorneys are dedicated to ensuring that the survivors of fatal motorcycle accident victims obtain fair compensation for all that they have lost. We have recovered over $1.5 billion in compensation for our clients, and we want to use our knowledge and experience to help you as well. You can contact our office today for a free consultation on your motorcycle accident case by calling 800-529-4004 or by completing our online form. Let us show you why NST is the way to go.