Wrongful Death in a Georgia Motorcycle Accident

The State of Georgia is ranked 13th in the US for number of registered motorcycles at over 200,000, according to WorldAtlas. This comes as no surprise since the state offers some of the most scenic routes in the nation. Unfortunately, the vast number of registered motorcycles in Georgia also means that there’s a high number of motorcycle accidents.

While a vast majority of these accidents will only result in injuries, some motorcycle accidents have fatal consequences.
According to data published by Governor’s Office for Highway Safety in 2021, there were 170 motorcycle fatalities in 2019. When a motorcyclist loses his or her life in a traffic accident, his or her survivors can be left devastated, especially if the accident was caused as a consequence of another’s actions. After a fatal motorcycle accident, grieving family members should not be burdened with the costs associated with the rider’s sudden passing. Legal recourse is available through a wrongful death claim when the accident has been caused as a result of another’s negligence.

Georgia Wrongful Death Claims After the Death of a Motorcyclist

Wrongful death claims can be filed after a motorcyclist has been tragically killed in a traffic accident or later dies as a result of his or her catastrophic injuries sustained in the accident. To pursue a wrongful death claim in Georgia, only the following parties will be have the opportunity to file a claim:

• The decedent's surviving spouse and/or child/children.
• The decedent's surviving parent(s) if no spouse/child exists.
• The personal representative of the decedent's estate.

If none of the aforementioned parties are available to file a case, the right to file a lawsuit will be extended to those who may potentially inherit assets from the decedent’s estate, which is based on the state’s estate distribution laws, or intestate succession. Based on this, other parties that could file a wrongful death claim on behalf of the decedent include:

• Siblings, and
• Non-related dependents.

Additionally, putative spouses or stepchildren can gain the right to file a claim if they can demonstrate that they were financially dependent on the decedent.

Potential Damages Available in Georgia After a Wrongful Death

While no money in the world would alleviate a family's grief after the sudden passing of a family member, wrongful death claims are set to help lift their financial burdens typically associated in the aftermath of a wrongful death. Additionally, grieving family members can find solace in knowing that a successful case will bring a level of justice to them.

In a successful wrongful death case, recoverable damages may include:

• The decedent’s medical care costs,
• The funeral expenses,
• The loss of the decedent's income and future earnings,
• Loss of workplace benefits, such as medical coverage or pension plans,
• Loss of inheritance,
• Loss of love, companionship, and society, and
• Loss of consortium

An Experienced Litigator Can Help You in Your Quest for Justice

If you have recently lost a loved one who passed in a motorcycle accident caused by another’s wrongful actions, there may be an opportunity to recover financial compensation. Discuss the case with a proficient litigator who will ensure your case is thoroughly investigated and will champion on your family’s behalf.

Attorney Edward F. Kim, Esq and the experienced litigators at Kim Law are highly qualified in wrongful death cases involving motorcycle accidents. The compassionate legal team of motorcycle accident lawyers understands how challenging these cases can be for grieving family members. They also know that a vast majority of these accidents will result in financial hardship. As a result, the team at Kim Law is prepared to aggressively defend the case and help anguished family members recover the highest compensation available. After losing a loved one, consider scheduling a free consultation with the law firm today.

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