A sudden accident that results in death is devastating to the victim’s family and loved ones. In the blink of an eye, someone can be taken from your life or a person may die in the days following a calamity. Regardless of how you and your family are suffering, you need help navigating the complex process of filing a wrongful death lawsuit when someone else is to blame.
Facing the confusion, grief, and worry following a deadly mishap is overwhelming. A compassionate Germantown personal injury lawyer from Gatti, Keltner, Bienvenu & Montesi PLC can advise you on what to do next. Our professional legal team will investigate your story and create a plan for seeking compensation. You and your loved ones can mourn while we take the stress out of filing a claim or lawsuit.
How a Germantown Fatal Accident Lawyer Can Help You
Once you decide to pursue a lawsuit against another person or company, there are many steps you need to take to increase your chances of success. Since you are likely already dealing with funeral arrangements and much more, filing an insurance claim or lawsuit can be overwhelming. An experienced fatal accident lawyer in Germantown will take the burden of handling the legal complexities off your shoulders.
Negotiating with insurance companies or opposing attorneys can be time-consuming and confusing. If someone is to blame for your loved one’s death, you must gather proof to show their liability. Regardless of whether you are working with insurance adjusters or planning a court case, you should start collecting evidence immediately.
It is essential to start right away because Tennessee has a 1-year statute of limitations (from the date of death) for filing a wrongful death lawsuit. Hiring a lawyer lets you focus on grieving and supporting your family. Your attorney will provide services such as:
- Accident investigation
- Documentation research (police and medical records)
- Obtaining photos and videos from the accident
- Taking statements from witnesses
- Negotiating with insurance companies
- Calculating economic and non-economic damages to seek
- Determining the liability of the parties involved
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Types of Fatal Accidents
There are many ways in which someone could be fatally injured in the Germantown area. Individuals can die on the job, while driving, or running errands. In some cases, the victim may not die immediately and could linger for days or weeks.
Some common types of accidents that often result in death include:
- Slip-and-fall accidents in a store or home
- Workplace accidents
- Construction site accidents
- Car accidents
- Truck or bus collisions
- Medical malpractice
- Violent crime (such as domestic violence, theft, or assault)
- Defectively manufactured items or machinery
- Pedestrian accidents
- Motorcycle accidents
- Bicycle accidents
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Determining the Value of a Wrongful Death Lawsuit
The death of someone close to you will turn your world upside down. Dealing with your personal grief while supporting others is draining, especially if you are left to oversee funeral arrangements and the like. If the deceased person’s job was the primary source of income for your family, you must face the additional worry of figuring out how to keep them financially secure.
Every situation is unique, so it is hard to give an exact value to a wrongful death lawsuit until your attorney examines the details. Many factors can affect how much compensation you should seek, including whether the victim incurred medical bills before passing away. Other considerations are the loved one’s age, the seriousness of their injuries, and the actions of those responsible for the death.
An insurance settlement or jury award is heavily influenced by how well your fatal accident attorney in Germantown presents the case for liability, suffering, and damage.
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Damages You Can Seek in a Fatal Accident Claim
There are two main types of damages or losses that you can request in your case: economic and non-economic. Economic damages include expenses such as medical treatment, funeral arrangements, and lost income for the family. Non-economic damages refer to the pain and suffering the victim felt prior to expiring and the grief and burden their family is experiencing.
Some common economic damages include:
- Lost income
- Loss of future income for inheritance
- Medical travel expenses
- Hospital costs, such as ICU, ER, and surgeries
- Funeral and burial expenses
- Property damage
Examples of non-economic damages you can sue for include:
- Pain and suffering
- Mental anguish from grief and mourning
- Loss of companionship from the deceased for family members
Tennessee allows a plaintiff to pursue the full amount of economic damages they incur, but it limits the amount of non-economic damages you can request. For a wrongful death lawsuit, the limit is $1 million. Tennessee also uses a modified comparative fault system which allows multiple parties to be held liable at different percentages. For example, if a plaintiff is found 20% at fault for the accident, their damages are reduced by 20% if they win. Your fatal accident attorney can advise you on how these legal technicalities affect your case.
Punitive damages are meant to bring extremely harsh punishment to defendants who act maliciously or with gross negligence. They are requested by the plaintiff or may be ordered by the judge. In addition to financially burdening those responsible for your suffering, punitive damages warn others against engaging in similar behavior.
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Fatal Accident Lawsuits Can Take a Long Time
It is important to move quickly to file a lawsuit after a fatal accident for several reasons. First, you must submit your case to the court within Tennessee’s one-year window. You must also work with insurance companies to determine if they will agree to a favorable settlement for your needs.
The negotiations can take some time, and if the insurance company does not make a reasonable offer, you must then prepare to file a lawsuit by gathering evidence to establish fault. Once the suit is filed, your case may not come to trial for many months and could last years. Presenting evidence and demonstrating liability will be important for all parties involved, including the defense.
It can be lengthy and exhausting, although some cases are clear-cut and take less time.
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Hire a Germantown Fatal Accident Attorney to Help You
Losing a loved one to an unexpected event leaves you bewildered and in turmoil. Your sense of grief and worry increases if you are uncertain about how to seek compensation when someone else is to blame. Trust a Germantown fatal accident attorney from Gatti, Keltner, Bienvenu & Montesi PLC to listen to your story and work diligently for you and your family.
Contact us to schedule your free consultation using our convenient online form today.