Fatal Bicycle Accident on the Plaza

In January, a Charlotte photographer suffered fatal injuries after she was struck by a vehicle while bicycling. The photographer was riding a bicycle in Plaza Midwood when a car hit her around 5:00 p.m. As the vehicle approached the intersection, the photographer entered the intersection in front of the vehicle. The passenger vehicle driver could not stop the vehicle in time and collided with her. She hit the vehicle's windshield and then landed back on the road. Unfortunately, the bicyclist died at the hospital after being transported by emergency medical personnel.

Pursuing a Wrongful Death Lawsuit After Your Loved One is Killed in a Bicycle Accident

As the story above indicates, when a vehicle collides with a bicyclist, the bicyclist is more likely to suffer serious or even catastrophic injuries. The increase in the number of bicycles sharing the streets with motor vehicles in Charlotte has increased serious accidents involving bicyclists. Serious injuries or even death can result from collisions involving bicycles. Depending on who is at fault for the collision, you may be able to pursue compensation for the victim's death.

Damages Available in Wrongful Death Lawsuits

The family of the deceased victim can pursue compensation in a wrongful death lawsuit as the plaintiff. The court orders the defendant to pay the plaintiff's damages in successful wrongful death lawsuits. The value of the case depends on multiple factors, including the following:

  • Funeral and burial expenses
  • Transportation of the deceased victim
  • Medical bills for the deceased victim as a result of the accident
  • Lost wages the victim would have earned if they had lived
  • Pain and suffering of the deceased victim
  • A reasonable value for non-economic damages

The average cost for a funeral in North Carolina is over $8,000, depending on the city, service provider, and type of service. If your loved one was killed in a bicycle accident that was not his or her fall, you could be facing thousands of dollars in expenses to provide your loved one with the funeral he or she deserves. Recovering compensation through a wrongful death lawsuit can help you recover expenses related to your loved one's funeral. Similarly, you can recover compensation for cremation and a celebration of life service.

Recovering Medical Expenses

Bicycle accidents can cause traumatic injuries, resulting in significant medical expenses. If your loved one was transported to the hospital and received treatment, then succumbed to their injuries, you could be facing thousands of dollars in medical expenses. Although families are not responsible for paying these expenses, the medical expenses could take up most, if not all, of your loved one's estate. Families may be left with nothing if the assets are only listed in the deceased's name. Pursuing a wrongful death claim allows families to be compensated for all of their loved one's medical expenses.

Recovering Lost Wages, the Victim Would Have Earned Had They Lived

When a spouse or partner dies in an unexpected accident, surviving family members may struggle to pay all of their bills. If the couple were a two-income family, the loss of an entire income can have a devastating financial effect. Surviving family members can pursue compensation for their deceased loved one would have earned if the bicycle accident had not happened. Recovering this type of compensation is especially important for families when the victim is the family's primary income source.

Pain and Suffering for the Deceased

Surviving family members can pursue compensation for the pain the victim experienced due to the accident until they died. Some do happen instantly, while others cause the victim extreme pain. Family members can pursue non-economic damages for the pain and suffering they have endured because of their loved one's death. For example, a child who loses a parent in a bicycle accident also loses a counselor, guide, and comforter for the rest of their life. A spouse can pursue losses for support, companionship, and consortium.

Discuss Your Case With a Skilled Bicycle Accident Attorney

If you have lost your loved one in a bicycle accident that was not his or her fault, you may be entitled to compensation through a wrongful death lawsuit. Victims only have a short period of time to recover compensation, so the sooner you speak with an attorney, the better. Do not hesitate to contact Arnold & Smith, PLLC, to schedule a complimentary case evaluation and learn more about your legal options.

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