At Gatti, Keltner, Bienvenu & Montesi, we have more than four decades of legal experience helping those who have lost their loved ones. If you have lost a family member due to negligence, you may have the right to file a wrongful death suit. A Frayser wrongful death lawyer can help.
Financial compensation cannot make up for your loss. However, holding negligent parties accountable may help bring you closure. Speak to a compassionate personal injury lawyer today.
Defining Wrongful Death
A wrongful death occurs due to an act of neglect or omission. It may happen for many reasons. These include:
You may file a death claim if you are the surviving spouse, child, or next of kin of a decedent (deceased person). There are times when a personal representative of the decedent is eligible to submit a claim. A Frayser wrongful death attorney can take a look at your case, and, if you meet the criteria for filing a claim, help you do so right away.
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Wrongful Death Statute of Limitations
There is a one-year statute of limitations for a wrongful death that occurs due to medical malpractice or any other reason. This means you have up to one year from the date someone dies to request damages from any at-fault parties. If you decide not to submit a claim, you may not be able to do so once this period passes.
In many instances, you can request compensation through an at-fault party’s insurance company. For example, a family member may die in a car accident caused by a negligent motorist. To hold the at-fault driver accountable, you may file a claim with their auto insurance provider.
Even if you have a legitimate death claim, an at-fault party or their insurance company is likely to do everything they can to avoid paying you. A Frayser wrongful death attorney at Gatti, Keltner, Bienvenu & Montesi can help you move through the legal process. For more information, reach out to us.
Damages You Can Recover in a Wrongful Death Case
You can recover economic and non-economic damages in a death case. Economic damages are quantifiable, and non-economic ones are subjective. Damages you may be able to receive include:
- Burial and funeral expenses
- Decedent’s medical bills
- Lost wages
- Emotional trauma
A wrongful death lawyer in Frayser can help you calculate your damages. They will account for all of your losses and work with you to prepare an argument designed to show a judge or jury you deserve 100% of the damages you request. If your attorney succeeds, you may get full compensation.
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How Comparative Fault Applies to a Wrongful Death Case
Tennessee has a comparative fault statute. If someone is partially responsible for a personal injury, the damages awarded as part of their claim may be reduced by their percentage of fault. In a case where the plaintiff is primarily at fault, no damages will be awarded.
For instance, a judge or jury may rule a defendant is 80% responsible for a wrongful death. In this case, the plaintiff gets 80% of the damages that they initially requested. The defendant is primarily responsible for the death, but since they shared the blame with someone else, they are not required to pay full damages.
On the other hand, a judge or jury may rule a defendant is 40% responsible for a death. If this occurs, the defendant is off the hook. They do not have to pay any damages, and the plaintiff is completely responsible for their losses.
How Much a Wrongful Death Case Is Worth
A wrongful death attorney in Frayser can help you figure out how much your case is worth. They consider your immediate and long-term damages. Also, the lawyer looks at the evidence at your disposal.
Evidence is crucial to prove a decedent died due to nursing home abuse or any other reason. You may use police reports, medical records, photos, videos, and other forms of proof to support your claim. Each piece of evidence you use may help you show a judge or jury why you should be awarded damages.
Just because you have a strong body of evidence does not guarantee you will get compensation. Your attorney can help you present an argument that explains how the defendant in your case was negligent. They may even prepare an argument that helps you get a fair settlement without having to go to court.
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How to File a Wrongful Death Claim
A death claim may start with a request for compensation from an at-fault party’s insurance company. At this point, the insurer may review the claim and provide you with damages. Conversely, an insurer may do everything possible to protect its client and bottom line.
Do not expect an instant resolution to a death insurance claim. An insurer may deliberately do things to delay your claim. These may frustrate and annoy you to the point where you want to give up on your request for damages.
Before you file a claim, hire an attorney. This gives you access to a lawyer who can answer frequently asked questions and many others about your case. Your wrongful death attorney in Frayser can help you negotiate with an at-fault party or their insurance company and get compensation.
What to Expect After You Submit a Wrongful Death Claim
Negotiations may open after you file your claim. Your attorney can discuss compensation options with an at-fault party. If you get a settlement offer, remember how much your case may be worth before you make a decision on it.
Your attorney keeps you up to date about settlement proposals. They will let you know if they feel it is in your best interests to decline a settlement offer. If you get a lowball proposal, you can reject it without penalty.
If you have to bring your case to trial, there is no reason to worry. Your attorney can help you prepare for your trial date and make sure you know about all possible outcomes. They will argue your case and put you in the best position they can to help you secure damages.
Get Legal Help with Your Claim
Gatti, Keltner, Bienvenu & Montesi is a leading personal injury law firm. Our Frayer wrongful death lawyer can help you out with your claim. To get started, contact us today.
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