Losing a loved one in any situation can be devastating. When your loved one’s death could have been prevented if the at-fault party had been cautious, it can hurt that much more. Now, you may be grieving, preparing for their funeral and burial, and seeking compensation through a personal injury lawsuit.
Fortunately, you have grounds to seek out help from a Covington wrongful death lawyer. At Gatti, Keltner, Bienvenu & Montesi, PLC, we have the tools you need to file a claim, seek compensation, and get the closure and justice you need. If you are seeking a Covington personal injury lawyer, do not hesitate to reach out and get the guidance you are due.
Eligibility for a Wrongful Death Claim
When a loved one has died because of another person’s negligence, such as in a fatal car accident, there may be grounds for a wrongful death lawsuit. Because the deceased cannot represent themselves in the courtroom, someone else must represent the case and seek compensation for the surviving family. However, certain rules make eligibility for filing this claim difficult.
To prevent multiple parties from filing a claim at the same time, Tennessee law limits who is eligible to bring about a wrongful death action. Generally, the surviving spouse is eligible to file unless there is no surviving spouse, in which case their child may recover compensation. The children of the deceased may also file if the surviving spouse is unwilling or unable to file or if they caused the wrongful death.
However, not everyone is married or has children. In these cases, the victim’s parents can sue. If the wrongful death victim has none of these surviving family members, the responsibility to file a claim then goes to the victim’s personal representative to file the claim.
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Compensation for Families of Wrongful Death Victims
Following a devastating accident that leaves a loved one dead, you may need compensation to recover. Losing a loved one can be an expensive experience, not to mention the pain and suffering that you and your family are experiencing. Fortunately, you may have grounds for compensation that covers your suffering.
Your compensation is calculated by the specifics of your damages. These damages include any types of suffering or loss you have experienced because of the at-fault party. Talk to your attorney if you are having any difficulties identifying or calculating these damages.
When you have lost a loved one, you may feel like you are drowning in expenses. Your wrongful death attorney in Covington, TN may be vital in calculating and estimating the future expenses you may accrue. These financial losses caused by the accident are also called economic damages.
Your economic damages include both the losses you have already suffered and the future losses you are likely to suffer. For example, the deceased may have been the breadwinner of your household. Losing them can have the long-term effect of a loss of earnings for the household, which can be calculated based on their age and ability.
Often, you are due more than the financial damages. Wrongful death claims can leave you grieving and facing non-economic damages or intangible suffering caused by the accident. While these damages do not have a set dollar amount, they may be just as important as seeking out your economic damages.
In fatal accident claims, you may have grounds to seek non-economic damages for any suffering experienced by you or your loved ones. For example, if they suffered severe pain before death, your family may pursue damages for pain and suffering. Likewise, you may pursue damages for the loss of support and affection that you or your children, in cases of a spouse’s death, have suffered.
When the at-fault party has acted with malice or extreme negligence, the results can be just as extreme. For example, drunk driving and speeding may have led to a devastating, fatal car accident that killed your loved one. In these cases, the judge may award further damages that are not meant to compensate you but are instead meant to punish the wrongdoer.
Punitive damages are intended to deter the wrongdoer and others who may do the same. By establishing harsh financial penalties for this behavior, they hope to address and deter people from doing the same things. However, keep in mind that these damages are not available in every case, so talk to your attorney about requesting punitive damages.
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How Can an Attorney Help My Case?
When facing a wrongful death claim in Covington, you may need legal representation to help your claim succeed. Your attorney can provide case-specific, personalized guidance throughout your claim. Talk to your lawyer for help with the following concerns you may encounter when seeking the right wrongful death lawyer in Covington, TN, with Gatti, Keltner, Bienvenu & Montesi, PLC:
- Determining whether your case is strong enough
- Ensuring you are eligible for a wrongful death claim
- Gathering evidence
- Representing you in court
- Calculating your claim’s value
If you are struggling to get compensated fairly when your family has suffered a wrongful death, an attorney can provide the guidance you need from your free consultation to the final judgment on your case. When you are struggling to balance your recovery from a loved one’s fatal accident and the legal parts of your claim, your attorney can take some of the pressure off you. That makes a big difference when you are seeking compensation.
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A wrongful death claim comes with specific challenges that are distinct from other personal injury claims. You may not have been injured at all, but you may have grounds to follow on behalf of a loved one, which can be complex and difficult to do. Luckily, you do not have to fight back alone.
The team at Gatti, Keltner, Bienvenu & Montesi, PLC is here to help you get the answers you are seeking and get compensated fairly for your claim. Your Covington wrongful death lawyer can provide the guidance you need, starting with a free consultation. To learn more about our services and to get started with your claim, do not hesitate to reach out for help by calling or filling out our online contact form.