Wrongful Death

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Wrongful Death Motorcycle Accident

It is the phone call nobody wants to get. Someone from the police department calls, asks for your name, and then says there has been an accident. Your husband, significant other, son/daughter or close friend has been in a serious motorcycle crash. They did not survive.

I'd like to offer my sincere condolences. Those of us who ride live with the knowledge that it often isn't "if" an accident will occur, but "when." If you are a spouse, you may have been living with the same thought.

My job as a New York motorcycle accident attorney is to make sure that you receive all of the compensation that you are due.

New York Wrongful Death Recovery

The state of New York has statutes in place that address the issue of wrongful death. If you lost a loved one in a fatal motorcycle accident, here is some of what you need to know:

New York's wrongful death statute (The Estate Powers and Trust Law, Article 5, Part 4, EPTL 213-217) does not allow victims to recover compensation for personal grief and other "non-economic" losses. However, the personal representative of the decedent's estate does have the right to sue for financial and economic losses, including:

• Loss of support, voluntary assistance, and possible inheritance
• Loss of future earnings (taking into account decedent's working habits, job and income at the time of death, as well as the likelihood of further advancement and increased earnings capacity)
• Loss of parental guidance

In addition, compensation may be claimed for any conscious pain or suffering the victim endured between the time of the accident or injury and death. Punitive damages, intended to punish particularly egregious examples of negligence and/or indifference, may also be sought. There may also be a death benefit payable by your own insurance company in the event the other driver is uninsured, plus whatever life insurance policies may be available through employment or other sources.

Contact an Experienced New York Motorcycle Lawyer

If you lost a loved one in a motorcycle accident, we offer our sincere condolences. Please contact BIKR LAW toll free at 1-877-BIKR LAW (1-877-245-7529) or send me an e-mail. I'd be proud to help a fellow biker's family