While wearing appropriate safety gear and following the rules of the road can greatly reduce a motorcyclist’s risk of getting seriously injured in an accident, there is unfortunately no way to completely eliminate that risk. Because of that, even responsible riders sometimes end up suffering life-threatening trauma solely as a result of another driver’s reckless or careless actions—and tragically, some of those life-threatening injuries have fatal repercussions.
If you have recently lost a close family member to a fatal motorcycle accident in Reno caused by another’s negligence, you may have legal standing to file suit in your loved one’s name and demand compensation for the losses their death will cause. However, these cases can be uniquely challenging on both legal and personal levels. You should consider seeking the help of an experienced and compassionate motorcycle accident lawyer before trying to sue entirely on your own.
State law allows the following people to file a wrongful death lawsuit over a fatal motorcycle crash in Reno in the following priority order, with each group only being permitted to file if no one from the preceding group files suit themselves:
Alternatively, whoever the deceased person nominated in their will to serve as their personal representative after their death can file a wrongful death claim on behalf of all surviving family members.
Regardless of who actually files the claim, the legal process for this sort of case must formally begin no later than two years after the deceased person’s date of death, as per Nevada Revised Statutes §11.190. Notably, this deadline generally does not change even if there are ongoing criminal proceedings, but civil and criminal cases over fatal traffic accidents can and often do proceed separately from and simultaneously with each other.
While the purpose of a typical personal injury claim based on a non-fatal motorcycle wreck is to recover compensation for the person injured through that wreck, the purpose of a wrongful death claim after a fatal motorcycle wreck in Reno is to recover compensation for the deceased person’s surviving family members. This means that there are often different types of damages factored into a wrongful death claim.
On the economic side of things, compensable losses following a wrongful death can include expenses for funeral and burial services, estate administration costs, and any other out-of-pocket expenses paid by surviving family members on the deceased person’s behalf, as well as lost future financial support the deceased would have provided. Non-economic losses typically center around emotional anguish and distress, but can also include things like loss of comfort and affection, loss of parental guidance, and loss of consortium with a spouse.
There is no easy way forward after a family member’s life is unfairly cut short, and money alone can never make up for the immense pain and trauma that a wrongful death can cause. However, in the wake of a fatal motorcycle accident in Reno civil restitution can minimize the negative impact of specific financial and personal losses that you are likely to experience.
You have support available from start to finish of your legal proceedings from a knowledgeable lawyer with a track record of success in cases much like yours. Call today for a confidential consultation.
(775) 789-4944