Your entire life will change when you discover your cherished family member was killed in a motorcycle crash. If another party is responsible for causing your loved one’s death, you can fight to hold them accountable to the fullest extent of the law. You do not have to go through the claims process alone. Make sure you have a reputable legal advocate working for you every step of the way.
Do not hesitate to call a knowledgeable and experienced Germantown fatal motorcycle accident lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC to explore your legal options further. When you contact us for a free consultation, you can learn more about how wrongful death lawsuits work, who is responsible for causing your loved one’s death, and the steps you must take to make them pay.
How to Demand Justice for Your Loved One’s Death
There are several ways to get justice when your loved one has passed away due to another party’s negligent actions. Your fatal motorcycle accident lawyer in Germantown, TN, will review the details of your case to determine which legal options are most suitable. Here are some of the top ways to advocate for your loved one’s and your surviving family member’s rights:
Insurance Claims After a Fatal Motorcycle Accident
After your loved one succumbs to their fatal motorcycle accident injuries, you might have the right to file a claim with the insurance company. Tennessee follows fault-based insurance laws. The liable party’s insurer will be obligated to cover certain types and amounts of damages. Generally, this may include vehicle repairs, motorcycle replacement costs, and the decedent’s medical expenses.
As you can see, there is a limit to the compensation your family can win in a fatal motorcycle accident insurance claim. Thankfully, there are other ways you can demand total recovery for your suffering and that of the decedent.
Wrongful Death Actions for Fatal Motorcycle Accidents
Another way surviving family members take action after losing a family member is by pursuing a wrongful death claim. Your fatal motorcycle accident attorney in Germantown, TN, will review the specific details of your case to determine whether this is a good fit for your case.
Under Tenn. Code §20-5-106, wrongful death claims can be filed when one party’s wrongful acts cause someone else’s death. This is similar to the personal injury claim the decedent would have filed if they had not died from their injuries.
It does not matter whether the liable party intended to cause the accident or did so unintentionally. If not for the defendant’s actions, your family members may still be alive today.
Only Specific Parties Can File a Wrongful Death Claim
Are you ready to move forward with your wrongful death claim? Unfortunately, before we can do so, we need to determine whether you have the authority to file the wrongful death action. Tennessee law only allows specific family members to file these actions.
The decedent’s surviving spouse can proceed with the fatal motorcycle accident claim. However, if the decedent did not have a surviving spouse, the decedent’s surviving children or next of kin would have the authority.
Should the decedent have no surviving next of kin or children, the decedent’s personal administrator or executor of the estate will move forward with the claim. If the decedent was dependent on their parents at the time of their passing, the decedent’s surviving parents might have the authority to file the wrongful death action. However, any damages won at trial will go to the decedent’s surviving family members, no matter who initiated the wrongful death action.
For a free legal consultation with a fatal motorcycle accidents lawyer serving Germantown, call (901) 526-2126
Your Claim Must Be Filed Before Time Runs Out
Your fatal motorcycle accident attorney is here to handle your fatal motorcycle accident claim every step of the way. The sooner we get started on your case, the better.
The strict one-year statute of limitations for wrongful death actions can be found under Tenn. Code § 28-3-104. If the wrongful death claim is not filed before this deadline, your family may lose the chance to pursue legal action in civil court.
Germantown Fatal Motorcycle Accident Lawyer Near Me (901) 526-2126
Recoverable Damages in Germantown Fatal Motorcycle Accident Claims
When you recover damages from a fatal motorcycle accident, the damages paid out can vary widely. Your surviving family members are entitled to certain damages, while others will be paid in the decedent’s name. Examples of economic damages and non-economic damages you could recoup include:
- The decedent’s medical expenses and healthcare costs
- The decedent’s burial and funeral expenses
- The decedent’s lost time, earning capacity, and wages
- The decedent’s loss of employee benefits and potential future earnings
- The decedent’s physical pain and emotional distress caused by their fatal injuries prior to their death
The decedent’s surviving family members can also recover compensation for their loss of the decedent’s:
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How Fatal Motorcycle Accidents Occur in Germantown
To move forward with your claim, your fatal motorcycle accident lawyer will need to determine how the accident happened. This will give us a clear understanding of who caused the collision and who should pay for your family’s damages and the decedent’s suffering.
Some examples of how motorcycle accidents happen and their respective liable parties include:
- Negligent driving: When another driver operates a vehicle drunk, drunk, distracted, drowsy, or aggressively, they can be held accountable.
- Defective auto parts: When malfunctioning motor vehicle parts cause accidents, safety inspectors, parts designers, distributors, suppliers, manufacturers, maintenance technicians, and other third parties could share liability.
- Dangerous conditions on the roads: Government agencies responsible for overseeing road safety and maintenance can be sued when hazardous road conditions cause fatal motorcycle accidents in Germantown.
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Get in Touch with a Germantown Fatal Motorcycle Accident Attorney Today
The devastating loss of your family member may impact your life in more ways than one. There is no reason the liable party should get away with their negligence or wrongful acts. Get help pursuing your claim against them when you contact a reputable Germantown fatal motorcycle accident lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC.
Our firm proudly offers free consultations to families dealing with fatal motorcycle accidents across Germantown and Tennessee. Please take advantage of this opportunity by completing our online contact form or calling our office to get started today.
Call or text (901) 526-2126 or complete a Free Case Evaluation form