Role of Expert Testimony in Motorcycle Accident Cases
Interviewer: What are some of the examples of some of the experts that were used there?
Stephen Boutros: Whenever the allegations are made that someone was operating a motorcycle negligently, if it involved something like riding formations, like I discussed earlier, we may get an expert to come in and talk about what are the proper formations that groups of motorcyclists should ride in on the highway. That’s a decision that’s made on a case by case basis. Most motorcycle cases quite frankly are failure to yield the right of way cases. Where motorcycle riders are driving with the right of way, a car comes to a stop sign or a yield sign, or something of that nature, and either doesn’t look or doesn’t see the motorcycle rider. Pulls out in front of them, fails to yield the right of way, and then that’s how the accident happens.
There are 2 Aspects to a Death Case; A Survival Case and a Wrongful Death Claim
Interviewer: What would be the difference between a case that involved a death, and a case that involved an injury in motorcycles? How are you going to approach the case?
Stephen Boutros: As far as a death case is concerned, there are two aspects to a death case. There’s the survival case which is owned by the estate of the person who died. That’s the deceased person, or otherwise known as the decedent. Then there’s the wrongful death claim. Wrongful death claims can be brought by a spouse, parents or children, and the wrongful death claim is for their own personal losses of losing their loved one. On a death case a wrongful death case or survival case we often have to have a probate lawyer set up the estate in order to represent the estate.
A Probate Lawyer Sets Up The Estate In Order To Represent The Estate in a Death Case
I have a probate attorney in my office who handles those matters, and as far as the wrongful death that’s the claim that’s owned by again, the spouse or the parents or the children of the decedent, the person who passed away. On those cases what you’re entitled to is any medical bills that were incurred before the victim passed away. The funeral expenses, and then the damages after that would be for the conscious pain and suffering that the decedent experienced before they passed away. Of course, the wrongful death damages are basically mental anguish damages for having lost your loved one.