Although some personal injury accidents are common, it is very easy for those accidents to become fatal. Several parties’ negligent actions can cause accident victims to lose their lives.
If you have lost a loved one at the hands of another person’s negligence, you have the right to seek compensation on behalf of your loved one. A Memphis fatal accident lawyer from Gatti, Keltner, Bienvenu & Montesi can increase your chances of success in your fatal accident case.
Types of Fatal Accidents
Any personal injury accident is capable of becoming a fatal accident. Some of the common fatal accidents include:
- Airplane accidents
- Bicycle accidents
- Car accidents
- Construction accidents
- Medical malpractice
- Motorcycle accidents
- Nursing home abuse
- Pedestrian accidents
- Premises liability accidents
- Product liability accidents
- Truck accidents
For a free legal consultation with a fatal accidents lawyer serving Memphis, call (901) 526-2126
Causes of Fatal Accidents
While all of these accidents are different, they have one thing in common: they are all caused by someone else’s negligence. In personal injury law, negligence is the deliberate carelessness one party takes against another. This negligence must be so egregious that it causes serious harm to the victim of the accident. In the case of a fatal accident, the negligence was so egregious that it led to the loss of a victim’s life.
Memphis Fatal Accident Lawyer Near Me (901) 526-2126
Holding the Appropriate Parties Liable
Whether your loved one lost their life in a motorcycle or premises liability accident, you have the right to hold the appropriate parties accountable for your loved one’s death. If your loved one’s death was caused by a fatal accident, you could hold them accountable in a wrongful death claim.
A wrongful death claim is another personal injury claim that can help you recover the compensation that your loved one would have been rewarded for their accident. Through a wrongful death claim, the survivors of a fatal accident victim can file a lawsuit against the party whose negligence caused the death of their loved one.
Survivors Who Can File a Wrongful Death Claim
Tennessee law allows certain survivors to file a wrongful death lawsuit against negligent parties. The primary survivors who can file a wrongful death lawsuit would be the deceased victim’s spouse if he or she were married. If the deceased victim was not married, the victim’s surviving children would be the next in line to be allowed to file the lawsuit.
After the victim’s children, the victim’s next of kin would be the next party allowed to file a lawsuit. After the victim’s next of kin would be the victim’s surviving parents. In addition to family members, the deceased victim’s estate representative would also be allowed to file a lawsuit on their behalf.
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Damages You Can Recover from Wrongful Death Lawsuits
One of the main differences between wrongful death lawsuits and criminal murder charges is that survivors can recover financial compensation from their loved one’s accident. While no money will ever fully compensate you for the loss of your loved one, recovering damages can help reduce the financial stress your family will experience due to your loved one’s accident. Some of the damages that survivors are allowed to recover in wrongful death lawsuits include the following:
- Medical expenses. If your loved one had any medical bills that needed to be paid, you could list their remaining expenses as damages in your lawsuit.
- Loss of possible inheritance. Many loved ones have life insurance policies or other forms of inheritance that they leave for their loved ones. You can list the potential inheritance of the victim as damages to recover in your lawsuit.
- Loss of companionship. This damage accounts for the loss of special time with your loved one. Losing a loved one will cause you and your family to experience grief and impact the dynamic of your family moving forward.
- Pain and suffering. Losing a loved one can also cause a certain amount of emotional distress. Emotional distress is damage that you can be compensated for in a wrongful death lawsuit.
- Loss of income. If your loved one contributed significantly to the household, their loss could cause a serious financial burden on the family. You can seek compensation for their current and potential earnings that they would have acquired if they were alive.
Proving the Negligent Party’s Fault
With all personal injury lawsuits, you would be responsible for proving how liable the other party was in your loved one’s fatal accident. To establish the other party’s liability, you must prove how their negligent actions contributed to your loved one’s fatal accident. In addition to proving their actions’ negligence, it must first be established that the defendant owed a specific duty of care to your loved one.
In a truck accident, for example, the truck driver owed your loved one a duty of care to operate their vehicle safely. When the truck driver decides to speed or cut your loved one off, that can violate that duty of care.
How a Fatal Accident Lawyer in Memphis Can Help
When you want to ensure that your loved one receives the justice they deserve from their fatal accident, you should seek the assistance of a Memphis fatal accident attorney. A fatal accident lawyer can explain your legal rights as a survivor and determine what types of claims you should file on behalf of your loved one. Because your loved one’s fatal accident could stem from another personal injury accident, your lawyer may offer other personal injury claims that you can file on your loved one’s behalf.
Your fatal accident lawyer can also offer legal protection against insurance companies. Insurance companies will be the primary parties responsible for providing your family with the necessary compensation. Because insurance companies do not want to pay out any claims, adjusters will attempt to poke holes into your lawsuit or find a way to blame your loved one for their accident.
A Memphis fatal accident lawyer can refute any claims made by the insurance adjusters and gather the best evidence to prove the other party’s liability.
Contact a Fatal Accident Attorney in Memphis Today
When you have lost a loved one to a fatal accident, you deserve to seek justice on behalf of your loved one. At Gatti, Keltner, Bienvenu & Montesi PLC, we are as passionate as you are about seeking the justice that your loved one deserves from their accident. Call our office, or complete our contact form to schedule a free initial consultation with a Memphis fatal accident lawyer today.