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Determining fault after motorcyclist suffers fatal injury from multi-vehicle crash near Pittsburgh.

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Pennsylvania – March 31, 2021

Pittsburgh public safety officials said it is unclear who was at fault for a multi-vehicle crash involving a motorcyclist who suffered fatal injury, despite wearing a helmet.  The accident occurred in Allegheny County on East Carson and 11th Street when a vehicle collided with a motorcycle resulting in harmful injury to the cyclist who was transported to the hospital and later succumbed to his injuries.  After an accident causes fatal injury, attorneys in Pennsylvania can fight for a victim’s family and their right to compensation for injuries and property damage loss under the State laws.

Pennsylvania motor vehicle accidents.

In Pennsylvania, an accident report  must be filed with the Pennsylvania Department of Public Safety within five days from the mishap if collisions result in death, injury, or significant property damage.  Pennsylvania uses the  “modified comparative negligence” rule allowing an individual to recover damages in a personal injury lawsuit, but the amount of compensation will be reduced by an amount that is equal to their percentage of fault, and victims can only seek damages from if they are less than 51 percent at fault.  A car accident attorney can explain the laws based on individual cases.

Wrongful death.

When motorcycle accidents result in death, family members, or legal representatives must file a wrongful death legal action to secure compensation.  Compensation for wrongful death, or catastrophic injury caused in a motorcycle accident may cover medical bills and expenses; funeral and burial expenses; pain and suffering; loss of income compensation based on life expectancy; and in some cases, punitive damages.  A motorcycle accident attorney can explain why a victim’s pain and suffering and medical bills incurred from the time of the accident until the time of death will be valued when damages are assessed.

Case building.

Experienced injury attorneys can work with medical professionals, and other experts to determine damage valuations when wrongful death occurs.  Surviving family members should contact an experienced attorney shortly after an accident to give legal counsel ample opportunity to research the case, have specialists go out and investigate the accident scene for clues regarding negligence and fault determinations, and interact with the insurance company regarding claims where immediate expenses related to funeral and burial costs will be needed.

Damages.

Damage compensation awards address economic loss, including lost wages, medical bills, medical care, and treatment, plus household expenses; and non-economic damages, including pain and suffering, loss of consortium, or companionship.  An experienced accident attorney will know when punitive damages may be entertained and awarded to punish the individual who caused harm, or injury and wrongful death to the victim.

Seek legal counsel.

Legal professionals at Scanlon & Wojton Law Firm, will build a case by collecting and reviewing police reports, medical records, insurance policies, toxicology reports, and other relevant documents that support damage recovery after a fatal motorcycle accident.

Scanlon & Wojton, Attorneys at Law

The Mitchell Building
304 Ross Street, Suite 510
Pittsburgh, Pennsylvania 15219

Phone:  (412) 918-1241

Fax: (412) 235-7275

Sources:

Motorcyclist Dies After 2-Vehicle Crash On Pittsburgh’s South Side

 

https://www.dot.state.pa.us/Public/DVSPubsForms/BMV/BMV%20Forms/AA-600.pdf

 

https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/75/00.037.042.000..HTM

 

https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.071.002.000..HTM

 

https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.085.053.000..HTM

 

Which relatives are able to bring a wrongful death lawsuit in Florida?

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Boca Raton, FL – Some accidents are so severe that they result in fatal injuries to the victim. Regardless of whether the person responsible is ever charged criminally, family members have certain legal rights in civil court. In these situations, the person or business responsible for the victim’s death can still be sued, but the victim obviously cannot be the one to bring the case. Florida has a wrongful death statute just like every other state that outlines procedures for how these kinds of lawsuits can be brought and who is eligible to receive compensation on the victim’s behalf.  

Parties who are eligible to bring the lawsuit

A personal representative is assigned to manage various aspects of a deceased person’s estate, including the filing of wrongful death claims. The case is brought on behalf of a spouse, child, parent, or other relatives who can prove financial dependence on the victim. These parties specifically mentioned in the statute are the only ones who can collect damages on the victim’s behalf. 

Damages and financial loss

The remedy that is available through this kind of civil lawsuit is compensation, also called damages. Wrongful death cases are unique in the sense that they allow the victim’s family to be paid for funeral and burial expenses. However, the most important aspect of damages in a fatal accident is tied to the victim’s future earning potential and the value of the services that they would have provided if they had survived. There are also non-economic damages available for pain, suffering, trauma, and other emotional issues tied to the relative’s death. The proximity of the plaintiff’s relationship to the victim can be important for the purposes of establishing the amount of trauma caused by the person’s death. This means that a plaintiff with a close relationship will be able to argue for larger amounts of compensation. 

Time limits

All civil lawsuits have a timeframe for action to be taken, otherwise the plaintiff will have their case dismissed if they bring the case too late. This is called a statute of limitations. Wrongful death lawsuits are known to have a shorter statute of limitations than most other legal actions, and this is true in almost every state. Florida gives a time limit of two years from the day that the victim died. 

Lawsuits for compensation in Florida

Rosenberg Injury Law files civil cases for accident victims in the Boca Raton area and nearby parts of Florida. Anyone who needs more information about personal injury law and wrongful death lawsuits can contact the firm to set up a meeting with an attorney.  

Firm contact info:

The Law Offices of Jeffrey A. Rosenberg

5255 North Federal Highway, 3rd Floor, Boca Raton, Florida 33487

561-508-8800

rosenberginjurylaw.com