Wrongful Death After a Motorcycle Accident: Who Can File and What to Expect

Jeff Varcadipane

June 30, 2025

Motorcycle accidents are tragically common and often devastating. When they result in death, the consequences for the victim’s family go far beyond emotional loss—they may also face financial hardship, unanswered questions, and legal uncertainty. In New Jersey, families have legal rights to pursue compensation through a wrongful death lawsuit. But who exactly can file one? And what should families expect during the legal process?

In this guide, we’ll break down the key facts about pursuing a motorcycle wrongful death claim in New Jersey—including who’s eligible to sue, what damages can be recovered, and how experienced wrongful death lawsuit lawyers can help you navigate this painful chapter.

Understanding Motorcycle Wrongful Death in New Jersey

According to the National Safety Council, motorcycle riders account for a disproportionate number of traffic fatalities. Due to the lack of external protection, even low-speed collisions can be fatal.

When a motorcyclist is killed due to someone else’s negligence whether it’s a reckless driver, a commercial vehicle, or poor road maintenance it may qualify as wrongful death. Legally, this means the death was caused by another party’s careless, reckless, or intentional actions.

Who Can File a Wrongful Death Lawsuit After a Motorcycle Crash?

Under New Jersey law, a wrongful death lawsuit must be filed by the personal representative (executor) of the deceased’s estate. However, the compensation recovered is intended to benefit the surviving family members, typically:

Spouses
Children
Parents (if no spouse or children)
Other dependents or beneficiaries under NJ law

If you’re unsure who qualifies in your situation, it’s best to consult experienced wrongful death lawsuit attorneys who can guide you based on your family’s structure and the decedent’s will, if any.

What Damages Can Be Recovered in a Motorcycle Wrongful Death Claim?

A successful motorcycle accident lawsuit may help families recover compensation for a range of losses, including:

Funeral and burial expenses
Medical bills related to the fatal accident
Loss of income and future earning potential
Loss of consortium (companionship and care)
Emotional pain and suffering (in certain survival actions)

Although no financial amount can undo the pain of losing a loved one, a wrongful death lawsuit can provide the financial support necessary for the family to move forward.

What to Expect in a Motorcycle Wrongful Death Lawsuit

While every motorcycle accident case is unique, wrongful death lawsuits generally follow this process:

Investigation – Your attorney will gather police reports, witness statements, and expert opinions to determine liability.
Filing the Lawsuit – The legal claim is filed in civil court against the responsible party or parties.
Discovery & Negotiation – Both sides exchange information; settlement discussions often occur during this stage.
Trial (if necessary) – If a fair settlement isn’t reached, the case proceeds to trial for a jury decision.
Distribution of Compensation – If successful, damages are awarded and distributed to eligible family members.

This process can take months or even years, but having the right motorcycle accident attorneys near me ensures that your family’s interests are protected throughout.

Do You Need a Motorcycle Accident Attorney?

Wrongful death cases are emotionally complex and legally challenging. The opposing insurance company will try to minimize payouts—even in fatal cases. That’s why it’s crucial to have wrongful death lawsuit attorneys who understand both personal injury law and the unique nuances of motorcycle collisions.

At Varcadipane & Pinnisi, PC, our team has helped numerous families seek justice in unlawful death lawsuits. We understand the stakes and offer compassionate, strategic legal representation designed to secure maximum compensation while you focus on healing.

Common Causes of Motorcycle Wrongful Death

Motorcycle fatalities are often caused by:

Distracted or drunk drivers
Failure to yield the right of way
Dangerous left-hand turns
Speeding or aggressive driving
Roadway hazards or poor maintenance

Even if the at-fault driver fled the scene, or the crash involved multiple vehicles, a qualified motorcycle accident attorney can investigate and pursue the claim.

How a Wrongful Death Lawsuit Attorney Can Help

Navigating the legal process while grieving is incredibly difficult. That’s where wrongful death lawsuit attorneys come in. They take care of everything from filing the case to gathering evidence and negotiating with insurance companies. An experienced wrongful death lawsuit lawyer can help secure the compensation your family needs while holding the responsible party accountable.

Wrongful Death vs. Survival Action

It’s important to distinguish between a wrongful death lawsuit and a survival action. While a wrongful death claim seeks compensation for the family’s losses, a survival action is filed on behalf of the deceased’s estate for damages the deceased could have claimed if they had lived. Both can be filed simultaneously in New Jersey.

Insurance Company Involvement

Insurance companies will likely become involved early in a motorcycle accident case. It’s essential to have a motorcycle accident attorney represent your interests to ensure fair negotiations. Keep in mind that insurers aim to minimize payouts. Legal representation ensures that you aren’t pressured into accepting an unfair settlement.

Legal Time Limits to File

New Jersey law sets a two-year statute of limitations on filing a wrongful death claim. If you fail to file within this window, you may lose your right to compensation. Consulting wrongful death lawsuit lawyers early ensures timely filing and proper documentation.

Checklist for Families Considering a Claim

Contact a wrongful death lawsuit attorney immediately
Gather accident reports and witness statements
Retain copies of medical bills and funeral expenses
Avoid speaking to insurance adjusters without legal counsel
File within the 2-year statute of limitations

Final Thoughts

Motorcycle accidents are uniquely dangerous and often fatal. When tragedy strikes, families are left with emotional and financial burdens. A wrongful death lawsuit provides a pathway to justice. Whether you’re just starting the process or need a second opinion, consulting with experienced wrongful death lawsuit attorneys can make all the difference. At Varcadipane & Pinnisi, PC, our dedicated legal team is here to guide you every step of the way. Learn more about our wrongful death services.

Get experienced help today. Speak to a compassionate and skilled motorcycle accident attorney near you at Varcadipane & Pinnisi, PC. We’re here to listen, support, and fight for your family’s right to justice.

Jeffrey W. Varcadipane

Jeffrey W. Varcadipane is a Certified Civil Trial Attorney by the Supreme Court of the State of New Jersey and a Founding Partner of the Firm. He handles a variety of matters including civil and commercial litigation, appellate practice, real estate, and business law.

University: J.D. Fordham Law School

Bar Number: 29472005

Locations: New Jersey, New York, and Florida.

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Wrongful Death After a Motorcycle Accident: Who Can File and What to Expect

Understanding Motorcycle Wrongful Death in New Jersey

Who Can File a Wrongful Death Lawsuit After a Motorcycle Crash?

What Damages Can Be Recovered in a Motorcycle Wrongful Death Claim?

What to Expect in a Motorcycle Wrongful Death Lawsuit

Do You Need a Motorcycle Accident Attorney?

Common Causes of Motorcycle Wrongful Death

How a Wrongful Death Lawsuit Attorney Can Help

Wrongful Death vs. Survival Action

Insurance Company Involvement

Legal Time Limits to File

Checklist for Families Considering a Claim

Final Thoughts

Jeffrey W. Varcadipane

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"VARCADIPANE & PINNISI, PC is an amazing firm. They were very supportive throughout my personal injury case. Ms. Pinnisi, went beyond for me and got a favorable settlement. Her staff was very helpful and the professionalism receiv..."

"Varcadipane & Pinnisi recently handled my home closing and we could not be happier with the experience. The entire process was handled with professionalism, attention to detail, and excellent communication. Sophia Soraya was abso..."

"No words to express depth of my gratitude and appreciation for Attorney Vacardipane’s expertise, patience and persistence on my behalf. I was a challenging client with a challenging case, and his patience, integrity, persistence an..."

"Working with Varcadipane & Pinnisi firm was such a relief during a really stressful time. From day one, Sophia and her team, were kind, patient, and incredibly helpful. They took the time to explain everything in a way that actua..."

"Attorney Jeffrey is incredible. He solved a case for me that I thought was practically lost. I highly recommend this great law firm. "

"Very professional. I would definitely recommend this law firm to everyone. "

"Thank you Varcadipane & Pinnisi for solving our community problems. You are the best. Gloria "

"These Lawyers are very very good. They help and we are very thankful. "

"This firm and Jeff’s team are a class act. They are highly knowledgeable with HOA laws. I look forward to working with them in the near future. Thank you! "

"Our cohort used this firm to help resolve a condominium HOA dispute, they were very professional, efficient, and knowledgeable. "

"Jeff Varcadipane is a star attorney. Works diligently and never gives up. He fights for your legal rights. "

"I am very pleased with their service. Mr. Jeff Varcadipane explained and analyzed the case in details. He and his team are very professional. "

"I would like to personally thank our Attorneys Jeff and Noah at V&P, PC. They have always been completely transparent, dedicated, and hardworking -They have gone above and beyond to extend themselves for our matter. They come wit..."

"Jeff, Noah, and the team… saved us over $260K in questionable assessments by a board that has shown to have unethical practices, provided voices for those censored by board members suspected of corruption. They’ve been instrument..."

"Selecting the right law firm can be the difference between merely accepting a settlement and securing the highest possible compensation. Varcadipane & Pinnisi is not just any firm; they are a top-tier legal team known for their u..."

"Timely efficient and highly knowledgeable about Home Owners Association laws. Highly-qualified, recommended. "

"I want to thank you for the excellent representation offered, very professional and honest. "

"Incredible group of attorneys, paralegals and administrative staff that treat you like a person and not just a number. They truly care about your health and will provide you with incredible representation for the largest possible rec..."

"Thank you Jeffrey and your team for helping solve legal issues! Amazing firm! "

"Jeff helped me personally and I couldn’t be happier with the professionalism and the result! Great team and terrific firm! "

"Jeff and Dawn are both incredibly knowledgeable and caring attorneys who do the best for their clients. We all know that dealing with lawyers can sometimes be a challenge – I have personally used them and found my experiences t..."

"I recently had the pleasure of working with Varcadipane & Pinnisi, and I can’t recommend them highly enough. From the initial consultation to the resolution of my case, the team was professional, knowledgeable, and incredib..."

"The team at Varcadipane & Pinnisi are the best! I had an excellent experience, as their team was not only knowledgeable but also highly responsive. They provided clear guidance throughout the process. Their professionalism and de..."

"Great experience with V&P! Everyone we worked with at the firm was top notch and provided great advice and service. Would highly recommend! "

"Excellent team of lawyers and staff. Their director of operations Jeremy was also very kind and considerate. "

"Highly recommend Varcadipane & Pinnisi for personal injury and civil litigation. They are an excellent group of people who really care about their clients and employees. Highly skilled attorneys and staff. Shout out to the operat..."

"Always great working with Varcadipane & Pinnisi they are very professional and get the job done. "

"The lawyers at this firm truly care about their clients and put 100% into their cases. I could not be more satisfied with the outcome of my case. "

"I couldn’t be more pleased with the service and expertise provided by V&P. Their dedication, attention to detail, and clear communication made a stressful situation much easier. They went above and beyond to ensure a positive o..."

"Fabulous team of attorneys. Trustworthy, responsive and professional "

"This firm is absolutely extraordinary. Who you choose to represent you makes a huge difference. I’m thankful they were able to represent me. "

"I highly recommend Varcadipane & Pinnisi to anyone seeking a skilled and professional law firm. Their team was exceptionally responsive and diligent when I faced an urgent issue after someone defaulted on a loan. After a previous..."

"I have retained the attorneys at VARCADIPANE & PINNISI for personal and commercial matters and have always had a great experience. They are knowledgeable and excellent at communicating throughout the legal process. "

"Very professional firm to work with. WONDERFUL people. "

"Great courteous people awesome to deal with. "

"Had great Experience with the firm. The attorneys as well as the staff are amazing. I would recommend them to anyone. "

"The attorneys at Varcadipane & Pinnisi, PC are extremely knowledgeable on a wide range of legal matters and they work tirelessly to achieve the best results for their clients! "

"The staff are very professional honest and accommodating. They deliver. I am very pleased and grateful. "

"Jeff Is the best lawyer in the entire world ! Not only was he fighting for me hard and firm bit he also is a genuine and caring person. I couldn’t be more grateful and thankful for him and the team ! Thank you for believing in ..."

"From the very beginning, the team at Varcadipane & Pinnisi provided us with clear guidance, comprehensive strategies, and a sense of confidence that we were in the best possible hands. The thorough preparation and attention to de..."

"Jeff Varcadipane helped and guided us through a tough dental office sale conflict. He is very professional, gives confidence to the client. I felt very confident with him being our atty. Would def recommend him!! "

"I was completely satisfied from my first conversation with Jeff Varcadipane, he answered my questions with concise, intelligent solutions to my problem. My doubts that it could not be resolved were totally erased. I would highly reco..."

"Sophia Soraya did a wonderful job winning our case. She made a hard process very easy to understand and we were very pleased. Her persistence and determination is unmatched and unlike that of the other firms who told us our case was ..."

"A terrific firm that helped my family to successfully litigate a complex real estate fraud case. Great communication from the team throughout the entire process. Everyone involved was highly skilled, explained things clearly and appe..."

"Varcadipane & Pinnisi, P.C. were incredible to work with. Their attention to detail, knowledge, and responsiveness go unmatched. I highly recommend!!! "

"My nearly 8 year long relationship with Varcadipane & Pinnisi as my legal counsel was nothing short of outstanding. Their dedication and hard work shone through every step of the way. Simply put, I was represented by my legal dre..."

"Jeff Varcadipane did an excellent job winning my case, despite the constant hurdles and excess motions of the defense. His knowledge of every part of the law was very impressive. He and Dawn really cared about my case and constantly ..."

"I had a great experience with Varcadipane & Pinnisi, P.C. law firm and would like to express my gratitude specifically to Ms. Sophia Soraya for her excellent legal assistance. I appreciate their professionalism and highly recomme..."

"Attorney Sophia Soraya and her firm were incredible. We couldn’t have been more impressed with their knowledge, care, and attention to detail. Your legal needs are in great hands with Varcadipane and Pinnisi, PC. "

"Varcadipane and Pinnisi, P.C. has been an incredible partner in navigating risk and advising on the commercial structure of multiple businesses, while providing personal counsel for the last 15 years. "

"The entire team at VARCADIPANE & PINNISI, P.C. were fantastic to work with and achieved way more than expected. I had such a hard time finding and trusting a firm to work with based on the complexity of my case. The team at VARCA..."

"We are extremely pleased with the exceptional legal services provided by Varcadipane & Pinnisi, P.C. Their professionalism, expertise, and dedication were evident throughout the entire process. I highly recommend their services t..."

"Choosing this firm to represent my family and I was the best decision I could have made! They walked us through the process and were very professional, accessible and always explained everything in detail. Dawn and her team listened,..."

"I cannot praise Varcadipane & Pinnisi, P.C. enough for their exceptional legal support, especially Mr. Varcadipane’s instrumental role in safeguarding my business. Before engaging their services, my business was operating w..."

"Thank you to Dawn who work tirelessly throughout the time that we have the case open. She even helped to find ways to reduce the cost. She is very knowledgeable and easy to reach out to. Very fair and logical by providing whats best ..."

"My name is John and my experience with Varcadipane and Pinnisi, P.C. was amazing from day one. The firm is very professional and very informative. Not all law firms are honest or easy to work with. With that said , once become a clie..."

"They say the reward is exponentially greater if you receive it when you least expect it. It sounds like a fairy tale happy ending, but it was made possible for my wife and me by the team at Varcadipane & Pinnisi, P.C. What starte..."

"I would highly recommend Varcadipane and Pinnisi, P.C. for the dedication to your individual case and your needs. They’re timely in response to your questions, they get you the answers you need, they are honest and reliable. We..."

"They are very good lawyers and they are very kind thanks for everything 😊😊 "

"It has truly been an incredible experience working with Ms. Sophia Soraya and the Varcadipane & Pinnisi, P.C. Law Firm. They have been extremely professional, diligent, and committed. Despite any challenges that appeared along th..."

"Sophia was amazing, as was her team. She was there for me through everything; super supportive and ensured I felt comfortable with every decision made. She never gave up and ultimately made a very challenging life event much easier t..."

"Jeff and his team were so helpful in solving our legal issue. Everyone was thorough and communicated every step of the process to us. We really appreciate everything they did and would highly recommend!! "

"I was very satisfied with Varcadipane & Pinnisi, P.C. They were professional and courteous in handling my case., which they handled with speed and brought a very favorable outcome to my case. I would whole heartily recommend to a..."

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