If you have found yourself reading this, it likely means that you are dealing with the tragic loss of a loved one in a motorcycle accident. Our firm understands that this is an incredibly difficult time, and we want to assure you that you are not alone. If you are considering a wrongful death claim, it can be overwhelming, especially when emotions and grief are so fresh. We understand the confusion and worry that come with navigating the legal system while mourning such a loss. You may not know where to turn or what your next steps should be, but we are here to help.
In cases like this, where a loved one’s life has been taken due to the negligence of others, it is important to have someone by your side who understands the intricacies of the law and can guide you through the process with compassion and care. Our firm is here to provide you with the support you need to ensure that justice is served. Below, we explain the steps involved in a wrongful death case related to motorcycle accidents and how we can assist you in seeking the compensation your family deserves.
Understanding Wrongful Death in Motorcycle Accidents
A wrongful death occurs when someone is killed due to the negligence or misconduct of another party. In motorcycle accidents, this could involve a variety of circumstances such as distracted driving, speeding, or failing to follow traffic laws. North Carolina law allows the surviving family members to file a wrongful death lawsuit if the death was caused by the wrongful act of another. It’s important to understand that not all motorcycle accidents result in wrongful death cases, and it is necessary to prove that the accident was caused by someone else’s negligence.
Motorcycle accidents are particularly dangerous because riders do not have the protection that other vehicle drivers do. Even a small crash can lead to catastrophic injuries. In many cases, motorcycle riders are thrown from their bikes, leading to serious injuries that could ultimately result in death. Understanding the circumstances that led to the crash is essential when filing a wrongful death claim. Investigations, witness statements, and expert testimony can all be key components of building a strong case.
Attorney Attorney Attorney
Michael Phillips
Marcel McCrea
Natalie Andruczyk
The Role of Negligence in Motorcycle Accidents
Negligence is a key element in wrongful death cases. In the context of a motorcycle accident, negligence can take many forms. A motorist may have been texting and driving, running a red light, or driving under the influence of alcohol or drugs. In some cases, road conditions may have been a contributing factor, such as poorly maintained roads or lack of proper signage.
When a motorcycle accident leads to wrongful death, it is important to investigate whether negligence played a role in causing the accident. Proving negligence is a crucial part of the case, as the defendant’s responsibility for the death must be established. If someone else’s actions directly contributed to the crash, they may be held accountable through a wrongful death lawsuit.
Who Can File a Wrongful Death Claim?
In North Carolina, only certain family members can file a wrongful death lawsuit. The personal representative of the deceased person’s estate is typically the one to bring the case forward. In most cases, this is a surviving spouse, adult children, or parents of the deceased. If you are unsure whether you qualify to file a claim, our firm can help determine your eligibility and guide you through the process.
It is also important to note that in North Carolina, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the accident. This means that time is of the essence, and it is important to act quickly if you are considering legal action. The sooner you begin the process, the better your chances of gathering crucial evidence and building a strong case.
Michael was a pleasure to work with. He made sure all of my questions were answered in a timely manner. His compassion to help allowed me to receive excellence throughout my experience, i would highly recommend his expertise” - Anonymous Philips and McCrea Law firm provided excellent service to entire family and friends. There have been several situations that I/family /friends have depended on their legal service’s. On each occasion they have been professional, knowledgeable and dependable. Providing excellent representation and guidance under stressful situations. I would highly recommend their legal service." - Denise Simply great legal service. They were professional, easy to work with and thorough. I have been very pleased with their service and would highly recommend them to my friends and colleagues as exceptional Charlotte attorneys." - Logan Abrams 
Compensation Available in Wrongful Death Cases
One of the main reasons people file wrongful death lawsuits is to seek compensation for their loss. In North Carolina, compensation in these cases can cover a variety of expenses. This may include medical bills, funeral costs, lost wages, and even pain and suffering. Additionally, the surviving family members may be entitled to compensation for their emotional distress and the loss of companionship, comfort, and support.
The amount of compensation varies depending on the circumstances of the case. The severity of the negligence involved, the impact of the loss on the family, and the evidence available all play a role in determining the value of the case. It is important to have an experienced legal team on your side to ensure that all potential damages are considered and that you receive a fair settlement.
Investigating the Accident
To succeed in a wrongful death case, a thorough investigation is necessary. This often involves gathering evidence from the scene of the accident, speaking with witnesses, reviewing traffic camera footage, and consulting with accident reconstruction experts. The goal of the investigation is to determine exactly what caused the accident and who was at fault.
In motorcycle accident cases, there may be additional challenges in gathering evidence. Unlike car accidents, where both drivers are in enclosed vehicles, motorcycle accidents often leave less clear evidence. However, with the right resources and expertise, our firm can work diligently to gather all the necessary information to support your case.
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What to Expect During the Legal Process
The legal process for a wrongful death case can seem daunting, but with the right legal representation, it doesn’t have to be. The first step is to schedule a consultation with an attorney who can evaluate your case. During this consultation, we will review the details of the accident, discuss your options, and explain the steps involved in filing a wrongful death claim.
After filing the lawsuit, the discovery phase begins. This is when both sides exchange information and gather evidence. There may also be negotiations for a settlement during this phase. If a settlement cannot be reached, the case may go to trial. Our firm will work tirelessly to prepare for trial, ensuring that all the facts are presented in the best possible light.
Why You Need an Experienced Attorney
Wrongful death cases, especially those involving motorcycle accidents, are often complex and require a deep understanding of the law. The process can be emotional and time-consuming, and it is essential to have an attorney who can handle the legal complexities while you focus on healing.
At Phillips & McCrea, PLLC, we are committed to helping you get the justice your loved one deserves. Our experienced team has a deep understanding of wrongful death law and can provide you with the support you need throughout this difficult time. We understand the challenges you are facing, and we will work tirelessly to ensure that your family receives fair compensation for your loss.
If you have lost a loved one in a motorcycle accident due to someone else’s negligence, don’t wait. Contact us today to schedule a consultation and learn how we can help you navigate the legal process and achieve a successful outcome for your case. You don’t have to go through this alone – we are here to support you every step of the way.