If you recently lost a loved one in a fatal motorcycle accident and are in the midst of a wrongful death lawsuit, you and your attorney will need to carefully itemize your damages so that you can seek proper compensation.
Types of Compensable Motorcycle Accident Damages
There are numerous types of damages the courts can award families of deceased accident victims in West Virginia. West Virginia Code §55-7-6 states that in a wrongful death suit, “the verdict of the jury shall include, but may not be limited to, damages for the following."
- Sorrow and mental anguish
- Loss of society, companionship, comfort, guidance, and advice of the decedent
- Loss of the decedent’s income
- Loss of services, protection, care and assistance provided by the decedent
- Medical bills and hospital the decedent accumulated from the injury prior to death
- Funeral expenses
- Other expenses incurred as a result of the wrongful act, neglect or default of the responsible party
Calculating damages can be somewhat confusing, particularly when trying to figure future losses and loss of benefits. Some cases necessitate a forensic economist’s help to accurately compute damages.
It’s important for families of wrongful death motorcycle accident victims to run their case by an attorney prior to agreeing to any settlements the other party offers. An attorney can help collect evidence and ensure that you include the full extent of your damages on your claim. Get an unbiased professional’s advice on whether or not the offer is fair before settling because once you sign the offer, the settlement is permanent and you cannot later reopen the case for more funds.
Call a Motorcycle Accident Wrongful Death Lawyer in Clarksburg
The courts can use a degree of discretion when determining how much to award a family for a motorcycle accident wrongful death suit. To determine the value of your case or for general counsel regarding a motorcycle accident in Clarksburg, contact The Miley Legal Group for a free legal consultation at 304-931-4088.