The California Office of Traffic Safety reported an 8% drop in statewide fatal bike accidents. Until bicycle fatalities reach zero, Titan Law Firm will not stop seeking justice for Beverly Hills families.
If you’ve lost a loved one to a fatal bike accident, you likely don’t know where to turn. Nothing can bring your loved one back, but a bike accident lawyer can help you seek financial justice.
Don’t file a wrongful death claim on your own. Read on to learn about the legal help available to families who have lost a loved one in a fatal bike accident.
Seeking Financial Justice After a Fatal Bike Accident
What do we mean when we’re talking about financial justice? When you file a wrongful death claim, the goal is to receive compensation for the financial damages your family is now facing as a result of a fatal bike accident. Let’s take a look at how to determine the compensation you’re owed.
Tangible Damages
There are two key types of damages to include in your claim: tangible and intangible damages. Tangible damages are considered easier to quantify and include things like:
- Lost income
- Lost benefits
- Funeral expenses
If your loved one received medical care between the accident and their death, you could also include the cost of their medical bills. If they provided household services that you now have to pay for in their absence, like childcare or home maintenance, you can also estimate and include those costs.
Intangible Damages
Intangible damages aren’t as easy to quantify because there are no receipts, like paystubs or medical bills, that you can present to quantify value. Intangible damages include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
If your lost loved one had children under the age of 18, you can also file damages for the loss of parental guidance. Because the value of intangible damages is unclear, it’s useful to have an experienced attorney apply legal knowledge and precedent to your claim.
Proving Negligence in a Bike Accident Wrongful Death Claim
In order to win a wrongful death claim, you will need to prove that the fatal accident was caused by another party’s negligence. In a legal context, negligence refers to actions (or inactions) that don’t meet the standard of care that was reasonably expected. Here are the steps to take when establishing negligence.
Gathering Evidence
First, you will need to gather evidence of the cause of the fatal bike accident. This includes things like:
- Photos or videos of the accident scene
- Medical or postmortem records
- Witness statements
An experienced bike accident lawyer can also procure expert witness testimony. An expert witness is someone whose background or line of work lends authority to your case and the conditions that led to your loved one’s death.
Assessing State and Local Biking Laws
After a bicycle accident, it’s also important to rule out the possibility that the accident was caused by the deceased. Drivers often aren’t aware of or don’t abide by laws that give bikers the right of way, and these laws can support your claim.
The California Bike Coalition provides a thorough overview of both California state and Los Angeles area bike laws. An experienced bicycle accident lawyer in Beverly Hills can help you determine which of these laws prove that your loved one was not at fault for the accident.
Meeting Wrongful Death Claim Requirements
Plaintiffs in a Beverly Hills wrongful death claim must prove the following beyond a preponderance of the evidence:
- The accident in question was caused by the defendant’s negligence
- The accident in question led to the victim’s death
- The victim’s death created significant financial difficulty for their living dependents
The California Court enforces a two-year statute of limitations on wrongful death claims. The claim can typically only be filed by the spouse, domestic partner, or child of the victim, although there are some exceptions.
Why Hire a Bike Accident Lawyer?
You can file a wrongful death claim in Beverly Hills without an attorney, but that doesn’t mean you should. Here are the top reasons why we suggest consulting a lawyer from the very beginning of your pursuit of financial justice after a fatal bike accident.
Support in Grief
As we mentioned already, you only have two years from the time of the accident to file your wrongful death claim. Many families are still experiencing significant grief during this time, and having to compile evidence and argue the facts of their loved one’s death can be overwhelming.
An experienced lawyer can take over the majority of the work for you. At Titan Law Firm, we see ourselves as representatives of the family and work with compassion every step of the way.
Defense Against Insurance Company Lawyers
The majority of wrongful death claims reach a settlement outside of the courtroom. This leads some plaintiffs to believe that they don’t need legal expertise to proceed.
Even without a judge and jury, you’ll still need to create an airtight legal argument. In effect, you’re typically filing a claim against an insurance company, not the offending driver. The defense is almost always represented by lawyers provided by their insurance company, and their only goal is to reduce the payout their client will have to provide.
An experienced lawyer can combat the tactics the defense team may use to undermine your case, such as collecting medical records that tie the victim’s death to a pre-existing condition. You should always consult your attorney before filing your claim and before interacting with the defense in any capacity.
Call Titan Law Firm About Your Beverly Hills Accident Claim
If you lost a loved one to a fatal bicycle accident, you likely have the grounds to file a bike accident lawsuit. While your loved one’s wrongful death may seem straightforward to you, you should always consult an attorney before seeking financial justice.
Titan Law Firm has years of experience and expert witness networking in Southern California. We offer a no-fee guarantee and everyone in our network works on a lien basis because we believe in our ability to win your case. Call 888.848.2656 to schedule your free consultation or contact us here.
