A person can die due to someone else’s negligence. In this instance, the decedent’s family suffers the long-term ramifications that come with the loss of a loved one. At this point, the decedent’s family may file a wrongful death lawsuit against the party responsible for their loved one’s death.
Gatti, Keltner, Bienvenu & Montesi, PLC has comprehensive experience with wrongful death cases. Reach out to our law firm today. When you do, a personal injury lawyer in Arlington, TN can review your case.
How a Wrongful Death Is Defined in Arlington, TN
A wrongful death refers to the death of one person due to someone else’s wrongful act. There are many reasons why a wrongful death can occur. These include:
Careless driving occurs when a motorist does not follow the rules of the road. This motorist may ignore posted road signs, drive above the speed limit, or use their cell phone while driving. In any of these instances, the driver is careless, to the point where they can cause a car accident and kill another motorist or pedestrian.
A motorist is responsible for accounting for bicyclists. If a motorist ignores a bicyclist, they can cause an accident. In the worst-case scenario, a bicyclist loses their life in a bicycle accident.
Construction workers are required to follow various safety protocols. If any of these protocols are not followed, a motorist or pedestrian can be harmed in a construction accident. To date, some construction accidents have proven to be fatal.
A truck driver can travel long hours without a break. In this scenario, the driver can get tired and cause an accident. Worst of all, a truck accident can result in the wrongful death of another motorist or pedestrian.
You can connect with a wrongful death attorney in Arlington, TN that has your best interests at the top of their mind. If you lose a loved one in an accident in Arlington, it may be a good time to contact a lawyer. The attorney can learn about your loved one’s death and help you decide if now is the right time to file a wrongful death lawsuit.
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How Much Time You Have to File a Wrongful Death Lawsuit in Arlington, TN
In most instances, you have up to one year from the wrongful death of your loved one to file a personal injury lawsuit. This means you can file a lawsuit any time within 12 months of your loved one’s death. If you choose not to do so, you lose the right to seek damages as part of a personal injury lawsuit at a later time.
An Arlington, TN wrongful death lawyer can help you file a personal injury lawsuit in a reasonable amount of time. The attorney can prepare your lawsuit paperwork and make sure it is submitted properly. Plus, the lawyer will make sure you request an appropriate amount of damages.
Your Arlington, TN, wrongful death attorney can teach you about economic and non-economic damages. In your wrongful death lawsuit, you can pursue economic damages for lost wages, medical bills, and other quantifiable losses. Comparatively, you can seek non-economic damages for pain, suffering, and other subjective harm you incurred due to your loved one’s death.
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What Can Happen After You File Your Wrongful Death Lawsuit in Arlington
Do not expect a quick resolution to your wrongful death case. Once the defendant receives your request for damages, this individual may hire an attorney to dispute your case. Or, the defendant may find you have a strong case, which can lead this individual to propose a settlement.
If a defendant makes a settlement proposal, it is a good idea to review it with your attorney. You are under no obligation to approve a settlement. Yet, if a settlement represents a fair proposal, you can accept it and close your case without going to trial.
Your lawyer will encourage you to seek the most damages possible. At the same time, your lawyer urges you to weigh the pros and cons of any settlement offer. This ensures you can make an informed decision about any settlement proposal.
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How to Decide What to Do with a Settlement in Your Arlington Wrongful Death Case
You have the final say on whether to accept, reject, or counter a settlement offer. As you evaluate an offer, it is beneficial to consider the short- and long-term ramifications that come with any decision you make. This can help you determine if a settlement aligns with your short and long-term expenses.
For example, a settlement proposal may give you only a portion of the damages you originally requested. If you accept this proposal, you risk missing out on compensation that can help you long into the future. Thus, declining this proposal and moving forward with your litigation may be best.
Your attorney will notify the defendant’s attorney that you are not moving forward with their offer. At this time, you and your lawyer will keep working together to strengthen your case. If you reject a settlement offer, you face no penalties.
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How Your Arlington Wrongful Death Lawsuit Gets Settled in Court
When your wrongful death lawsuit goes to court, a judge or jury decides if you will be awarded damages. After reviewing evidence and witness testimony from all parties, a judge or jury may decide to:
- Award you the full amount of damages you requested
- Award you a portion of the damages you requested
- Award you no damages at all
Your attorney advocates for you and presents compelling evidence and witness testimony during your trial. If your attorney is successful, a judge or jury will not hesitate to rule in your favor. Ideally, a judge or jury will find the defendant is fully responsible for the wrongful death of your loved one, and you will be awarded full damages.
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Reach Out to a Wrongful Death Attorney in Arlington, TN
Gatti, Keltner, Bienvenu & Montesi, PLC can help you with your Arlington wrongful death lawsuit. To learn more, please get in touch with us today.