Wrongful Death Claims After Fatal Motorcycle Accidents

Losing a loved one in a motorcycle accident is a devastating experience. In these tragic situations, a wrongful death lawsuit is a way to achieve some justice and financial compensation. Many people have questions about how wrongful death suits work, and the nature of motorcycle accidents can complicate these cases. Here is what to know about those considering filing a wrongful death suit following a fatal motorcycle accident.

What is a Wrongful Death Suit?

In Illinois, a wrongful death occurs when someone dies as a result of another person’s negligent or wrongful act, as defined by the Illinois Wrongful Death Act (740 ILCS 180/). The death must be caused by someone else’s misconduct. That misconduct could be intentional, such as an assault, or negligent, like running a red light. Regardless of how the harm occurred, if another party’s wrongful behavior led to the person’s death, a wrongful death claim is possible.

Under 740 Ill. Comp. Stat. § 180/2(a) (2024), surviving family members may recover “fair and just” damages in a wrongful death case. These damages encompass both financial losses and non-economic harm, which can be more difficult to quantify.

Common wrongful death damages in Illinois include funeral and burial expenses, loss of financial support such as income and future inheritance, and loss of consortium, which includes companionship. Punitive damages, meant to punish extreme misconduct rather than compensate survivors, may be awarded in rare cases.

Causes Of Fatal Motorcycle Accidents

Fatal motorcycle accidents can be caused by a wide range of factors. This means that no two wrongful death claims stemming from motorcycle accidents are the same. Every case involves unique facts, different parties who may be held liable, and distinct legal strategies for proving fault and calculating damages. Causes include:

Defective motorcycle parts
Distracted driving
Driving under the influence of drugs or alcohol
Failure to yield
Improper Lane Changes
Left-turn accidents at intersections
Poor road conditions
Speeding or reckless driving

Filing a Wrongful Death Suit Following a Motorcycle Accident

Before a lawsuit is filed, an investigation must be conducted into what actually happened. An attorney will obtain police reports, medical records, photographs of the scene, and any other relevant information that clarifies how the accident occurred. Then, the attorney must determine who is at fault. The at-fault party could be the driver who caused the accident. However, there may be other parties involved, such as the manufacturers of defective motorcycle parts or state agencies responsible for road maintenance.

Once it has been determined that certain events occurred and that certain parties are liable, an attorney might send a “demand letter” to the insurance company of the at-fault party. The letter includes a detailed valuation of the claim, which may cover:

Funeral and burial expenses
Medical bills
Lost income and financial support
Loss of companionship and guidance

The attorney’s demand letter typically requests the maximum compensation permitted under the at-fault party’s insurance policy, based on the estimated value of the wrongful death claim. This amount reflects the financial and emotional losses suffered by the surviving family members. In most cases, the insurance company does not agree with the full amount requested and responds with a low initial settlement offer. This tactic is common, as insurers often try to minimize payouts and protect their bottom line. As a result, further negotiation is typically required to persuade the insurance company to a more reasonable and fair settlement.

If negotiation is unsuccessful, a lawsuit is filed. The case begins with discovery, where both sides gather and exchange evidence. The parties could also participate in mediation with the help of a neutral third party. If mediation is unsuccessful or not pursued, the case moves forward to trial. At trial, a judge or jury hears the evidence, evaluates the arguments, and ultimately issues a verdict. If the court finds in favor of the plaintiff, it may also award monetary damages.

An Illinois wrongful death lawsuit must be filed by the decedent’s personal representative, named in the will or appointed by the probate court if there is no will. The lawsuit benefits the surviving spouse and next of kin, generally those relatives who can prove financial dependence on the decedent.

Illinois wrongful death claims, like all lawsuits, must be filed within a specific time frame known as the statute of limitations. In most cases, this deadline is two years from the date of the decedent’s death. (740 Ill. Comp. Stat. § 180/2(d) (2024)).

Why Working With A Motorcycle Wrongful Death Attorney Is Important

Motorcycle fatality cases often involve complex legal and factual issues, particularly when insurance companies or opposing parties attempt to shift blame onto the motorcyclist. Here is what an experienced motorcycle wrongful death attorney can bring to the table:

Conduct a thorough investigation by examining accident reports, gathering witness statements, reviewing medical records, and consulting with experts to establish exactly how the accident occurred and who is responsible
Identify all liable parties by determining all individuals or entities that may share responsibility, including negligent drivers, government agencies responsible for road maintenance, or manufacturers of defective motorcycle parts
Manage communication with insurance companies by handling negotiations and correspondence to protect clients from lowball offers or unfair tactics used by insurers
Handle all necessary legal filings by preparing and submitting claims, motions, and court documents within strict deadlines
Advocate for maximum compensation by working to secure damages that fully cover financial losses, emotional pain, and other injuries

Contact An Experienced Motorcycle Accident Attorney

In these emotionally challenging times, an experienced lawyer serves not only as a legal advocate but also as a critical support system for those navigating the aftermath of a tragic loss. An attorney will communicate with insurance companies on behalf of the family, acting as a buffer so that families do not feel pressured to accept unfair settlements. By handling the legal complexities of a wrongful death case following a fatal motorcycle accident, the attorney allows the family to focus on healing while working to secure fair compensation on their behalf.