With the rise of so many personal injury accidents, it is unfortunate that some accidents will result in the death of a loved one. Losing your loved one in a car accident or a bicycle accident that could have been prevented is truly traumatic. When you have lost a loved one from a preventable accident, you have the right to hold the appropriate person responsible for your loved one’s death.
When many think of holding a person accountable for their loved one’s death, criminal convictions often come to mind. In personal injury law, a wrongful death lawsuit is a primary way to hold a person accountable for a loved one’s death. Call Gatti, Keltner, Bienvenu & Montesi, PLC, to speak with a Germantown wrongful death lawyer today.
How a Wrongful Death Lawsuit Works
A wrongful death lawsuit is similar to any personal injury lawsuit. The victim of a wrongful death accident has the chance to recover compensation from the person who caused the accident. The main difference is that the survivors of the victim file a lawsuit on the victim’s behalf and fight for the compensation they would be owed if they were alive.
Before compensation can be rewarded to the survivors, the liability of the defendant and their contributions to the victim’s accident must be established.
For a free legal consultation with a wrongful death lawyer serving Germantown, call (901) 526-2126
Eligible Parties Who Can File a Wrongful Death Lawsuit
Tennessee laws allow the direct survivors of the accident victim to file a wrongful death lawsuit. That limits the family members’ right to file a lawsuit on the victim’s behalf. Some examples of the direct survivors who would be allowed to file a lawsuit include the victim’s children, spouse, surviving parents, siblings, or next of kin.
If the victim appointed a personal representative for their estate, that person would also be allowed to file a wrongful death lawsuit and seek compensation on behalf of the victim. Once the relationship of the survivor filing the lawsuit has been determined, the process can continue.
Germantown Wrongful Death Lawyer Near Me (901) 526-2126
When to File a Wrongful Death Lawsuit
Every survivor has one year to file their wrongful death lawsuit. The Tennessee courts enforce this period. Each personal injury accident has a statute of limitations that each plaintiff must meet for their lawsuit to proceed.
If the lawsuit is filed past the statute of limitations, the defendant’s lawyers will use that to their advantage and request that the courts dismiss the lawsuit. The statute of limitations is designed to ensure that all lawsuits are filed while the facts and evidence about the accident remain fresh and relevant.
Fighting Against Insurance Companies
In a wrongful death lawsuit, the party you will be fighting against is the defendant’s insurance company. This is because the insurance company will be responsible for providing the financial compensation for your damages, even if the defendant is found liable. Because insurance companies do not want to be responsible for rewarding you with the appropriate amount of compensation that your loved one deserves, they will use various deceptive tactics that will question whether their client is liable for your loved one’s injury.
Offering Low Settlement Offers
One of the tactics that insurance companies will use is the tired tactic of the initial settlement offer. Insurance adjusters will try to provide you with a settlement offer to force you to resolve your lawsuit and prevent it from progressing to trial. Insurance adjusters will often use this tactic if it is evident that their client’s negligence was extremely blatant.
Another reason why insurance adjusters could use this tactic is to determine if they can get you to resolve our case by dishing out the lowest amount of money possible. Unfortunately, insurance adjusters have no shame in taking advantage of your grief and implying that the settlement offer is best for you and your family.
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Taking Your Lawsuit to Trial
Fortunately for you and your family, you have the right to deny the insurance company’s initial offer. You have the right to deny any offer that is not beneficial to your family’s needs. If the insurance company is unwilling to meet your demands, you can allow your lawsuit to proceed to a trial. The preparation you did for your settlement will be different from the preparation you need for a trial.
Your trial will consist of a discovery phase, a deposition, and perhaps a cross-examination conducted by the opposing lawyer.
How a Wrongful Death Lawyer in Germantown Can Help You
When filing a wrongful death lawsuit, you want to give yourself the best chance to seek the justice your loved one deserves. You also want to give yourself the proper amount of time to grieve the loss of your loved one and cope with the new changes in your family’s life. You need a compassionate wrongful death lawyer to empathize with you in this trying time but fierce enough to fight for your loved one’s legal rights.
This is what a Germantown wrongful death lawyer from Gatti, Keltner, Bienvenu, & Montesi, PLC, does best. Our wrongful death lawyers are familiar with the insurance company’s tactics and are passionate about protecting your loved one’s legal rights and justice.
Presenting the Best Argument on Your Behalf
One of the most important factors that must be proven in your lawsuit is how the defendant’s negligence caused your loved one’s death. Your wrongful death lawyer can construct the best case possible for you and establish how the defendant’s careless actions directly caused the death of your loved one. Your wrongful death lawyer can also counter any flimsy arguments the insurance companies will make to insinuate that your loved one’s actions contributed to their death.
Consult with a Germantown Wrongful Death Attorney Today
When you are grieving the loss of your loved one, it can seem as if no one cares about the justice that your loved one deserves. At Gatti, Keltner, Bienvenu & Montesi PLC, we ensure our actions show how much we care about fighting for your loved one’s rights. Our wrongful death attorneys in Germantown go the extra mile to ensure that your loved ones seek the justice they deserve.
Call our office, or complete our free case evaluation to schedule your consultation.