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Numerous motorcyclists are badly injured or killed on local roads every year. When this tragic event occurs, the attorneys at Parke Gordon Law provide compassionate, effective representation to the loved ones of people killed in fatal motorcycle accidents in Eugene.
If your family member died in a motorcycle crash and another party had a role in the accident, that party may be legally liable. Holding them accountable with help from a motorcycle injury attorney may help you find a measure of peace and justice for your loved one’s death.
A wrongful death claim is a civil lawsuit seeking financial damages for a party’s role in an accidental death. Wrongful death lawsuits are possible when another party’s negligent, reckless, or intentional conduct caused the death. Our attorneys in Eugene can review the circumstances of a fatal motorcycle crash and advise you whether this type of claim is a viable option.
Oregon Revised Statute § 30.020 says that the plaintiff in a wrongful death suit is the personal representative of the deceased person’s estate. The personal representative brings the lawsuit for the benefit of the deceased person’s surviving immediate family members. The law allows the personal representative three years from the date of the motorcycle accident, not the date of death, to file the lawsuit.
Sometimes the state brings criminal charges against a driver who caused a fatal accident. If a prosecutor files criminal charges, evidence from that case could be useful in a fatal accident lawsuit. However, if there are no criminal charges or if a defendant is acquitted, you can still pursue a successful wrongful death case in civil court.
Police typically conduct a thorough investigation when someone is fatally injured in a motor vehicle accident. When we handle a fatal motorcycle accident case, our Eugene attorneys closely review the police reports and any evidence available from the police investigation. We also conduct an independent investigation, and may hire an accident reconstruction expert or private detective to find additional evidence that might be helpful.
You may have a viable compensation claim even if your loved one had some liability for the accident that took their life. O. R. S. § 31.600 allows claims for damages as long as your loved one was not primarily responsible for the accident. However, the amount you can collect in damages will be reduced in proportion to your loved one’s share of fault.
In a wrongful death lawsuit, the family members can seek funeral and burial expenses, lost financial support, loss of their loved one’s companionship, and emotional distress. O. R. S. § 31.710 limits the total non-economic damages in a wrongful death lawsuit to $500,000. The proceeds go directly to the deceased’s surviving family members.
The estate’s personal representative can bring a survival action at the same time as the wrongful death claim. This lawsuit claims the damages the deceased person could have sought if they had lived, including lost wages, medical expenses, and pain and suffering.
The proceeds of the survival lawsuit are paid to the estate and can be used to pay the deceased person’s debts. Our Eugene attorneys can explain how the funds will be distributed in your specific case.
Tragic events like fatal motorcycle accidents in Eugene happen far too frequently. Knowing the death may have been preventable makes the loss even harder to accept. We know this is hard, and we want to make things better through legal action.
If your family member died in an accident, contact us at Parke Gordon Law to explore your legal options. Schedule a free consultation today to discuss your situation and find out how we can help your family.
