Suffering catastrophic injuries can be devastating. However, when these injuries become fatal, the decedent’s surviving family often has options to secure justice and compensation. You could hold the liable party accountable by contacting a dedicated Collierville personal injury lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC.
Learn more about the wrongful death claims process and how to bring the at-fault individual or entity to justice when you contact our office for a free consultation.
Common Types of Fatal Accidents in Collierville
Collierville fatal accidents can take many forms. There are some types of incidents and events that are known for causing fatal injuries more frequently than others. Some of these accidents include:
- Crane accidents
- Forklift accidents
- Scaffold accidents
- Other accidents involving heavy machinery and equipment
- Fires and explosions
- Car accidents
- Bicycle accidents
- Motorcycle accidents
- Pedestrian accidents
- Truck accidents
- Taxi accidents
- Bus accidents
- Swimming pool accidents
- Fatal injuries caused by malfunctioning products
- Trampoline accidents
- Work-related accidents
- Slips and falls
These are only a few of the different ways in which fatal injuries can occur. If your family member was involved in another type of fatal accident that was not included above, you could still have the right to file a claim. You can explore your options further when you contact a compassionate fatal accident attorney in Collierville for help.
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How Collierville Wrongful Death Claims Work
There are several wrongful death laws that could have an impact on your ability to move forward with your fatal accident claim. These include:
- The statute of limitations
- The right to file a Collierville fatal accident claim
- Recoverable damages
The Statute of Limitations
According to Tenn. Code §28-3-104, Collierville wrongful death claims must be filed before the statute of limitations deadline expires. Tennessee law only allows for a maximum of one year to pass from the date of the decedent’s death for a lawsuit to be filed.
If the claim is not filed within this deadline, the decedent’s surviving family will no longer have the opportunity to pursue their fatal accident action.
The Right to File a Fatal Accident Claim
You might be surprised to learn that there are only specific individuals who have the authority to file a wrongful desk or fatal accident claim in Tennessee. These parties include, in the following order:
- The decedent’s surviving adult children
- The decedent’s surviving adult next of kin
- The decedent’s executor or administrator of the estate
- The decedent’s parents
It should be noted that any damages awarded in a fatal accident claim will be awarded to the decedent’s surviving relatives no matter who filed the lawsuit.
In civil fatal accident claims, defendants who are found liable for the decedent’s passing may be ordered to compensate the surviving family members accordingly. There are a variety of recoverable damages available in wrongful death actions, some of which include:
- The decedent’s funeral and burial expenses
- The decedent’s lost earning potential
- The decedent’s loss of income
- The decedent’s healthcare expenses
- The surviving family members’ loss of the decedent’s society, love, companionship, care, support, guidance, and protection
- Loss of the decedent’s time
- The decedent’s emotional trauma and physical suffering prior to their death
These are just a few of the different types of losses you could be awarded as part of your fatal accident claim. Punitive damages may be available if the court system finds the defendant’s conduct reprehensible.
You can find out more about how much your case could be worth when you contact your Collierville fatal accident attorney to discuss the specific details of your case.
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What to Do After a Fatal Accident
After your family member has passed away in a fatal accident, you may be scared and confused about what to do next. The initial steps in the aftermath of the accident or incident could prove invaluable in your case against the liable party.
With that in mind, here are some of the most important things you need to do after your loved one has been involved in a fatal accident:
- Start off by contacting 911 and emergency responders. You will want police and law enforcement officials to arrive at the scene to document evidence.
- While waiting for emergency responders, do what you can to attain evidence to support your case. If you can, take photos of your relative’s critical injuries, video of the scene where the injuries occurred, obtain potential witness contact information and statements, and obtain the contact information of anyone else who may have been involved in the incident.
- After healthcare providers and police have arrived at the accident scene, they will do what they can to obtain evidence, determine what happened, and attempt to help your loved one fight for their life. If your family member succumbs to their fatal injuries, you may have the opportunity to bring the liable party to justice by filing a civil lawsuit against them.
- Once you learn that your loved one has passed away due to their fatal accident injuries, your next call should be to a wrongful death lawyer in Collierville who can help you make them pay. The sooner you get an attorney working on your case, the more likely it is we can ensure the liable party is held accountable for their actions.
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Contact a Fatal Accident Lawyer in Collierville for Help Today
If you are feeling anxious to make the culpable party pay, you are not alone. With a committed Collierville fatal accident lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC helping your family, you could get justice for your loved one.
Learn more about the wrongful death claims process and how to move forward with your fatal accident claim when you contact our office for a no-cost, risk-free consultation. You can get started as soon as today by completing our convenient contact form or calling our office.