Those left behind when someone is killed in a fatal motorcycle accident in Oakville face a potentially devastating financial aftermath and emotional turmoil. Gatti, Keltner, Bienvenu, & Montesi (GKBM) PLC is a law firm dedicated to serving the needs of the family who survive.
If your loved one died in a fatal motorcycle accident, an Oakville fatal motorcycle accident lawyer from our team can work to secure a settlement restoring your financial security and obtaining justice for your family member’s death.
Filing a Wrongful Death Claim After an Oakville Fatal Motorcycle Accident
If someone else’s negligence caused your loved one’s deadly motorcycle collision, you are entitled to collect financial compensation for your significant losses. However, you must file your claim within Tennessee’s one-year statute of limitations, or you lose the opportunity to pursue a settlement.
You must be sure to file against the appropriate at-fault party. To collect compensation, you must prove the at-fault party’s negligence caused the fatal motorcycle accident leading to your loved one’s death. Most people do not have the means or understanding required to conduct an in-depth accident investigation and could end up filing improperly, putting their financial future at risk.
By partnering with an Oakville fatal motorcycle accident attorney from GKBM promptly after the accident, you protect your settlement opportunity in several important ways:
- You entrust your case to an attorney experienced in investigating accidents who has the means, connections, and knowledge to ask the right questions. They can access important information, and gather the evidence needed to support your claim.
- You give your attorney enough time to investigate thoroughly, determine the at-fault party correctly, and file within the statute of limitations.
- You avoid having to communicate with the at-fault party’s legal or insurance representatives. It is easy to say something seemingly harmless and have these entities use those words against you. Your attorney will handle all communication on your behalf.
You may feel you can accomplish much of this work yourself, but the truth is you will be dealing with grief and trauma. There will be many other tasks, such as planning the funeral and helping family members, on top of trying to work and keep your life running. A skilled fatal motorcycle accident attorney in Oakville can take the legal burden off your shoulders.
Who Can File a Wrongful Death Claim
Tennessee Code 20-5-106 allows for wrongful death claims when a person’s death is caused “by injuries received from another” or whose death is caused by “the wrongful act, omission, or killing by another.” The law acknowledges that the victim, had they survived their injuries, could have collected personal injury damages paid by the wrongdoer and allows certain surviving family members to receive those damages, in this order:
- Next of kin
- Personal representative, for the benefit of a surviving spouse or children
- Parents, if the victim was their dependent at the time of death
For a free legal consultation with a fatal lawyer serving Oakville, call (901) 526-2126
What Wrongful Death Settlements Recover
The financial award you receive for a wrongful death claim compensates you for the various financial and emotional losses that follow your loved one’s death. Calculating and putting a dollar amount on these losses is a massive undertaking for anyone, especially those who are grieving and likely not thinking clearly. Leave this critical task in the capable hands of your fatal motorcycle accident lawyer in Oakville.
Recovering economic losses and providing you and your household with the financial stability you would have experienced if not for your loved one’s untimely death is one function of your settlement. Your attorney will quantify your loved one’s lost income, considering factors such as age, potential salary increases, and retirement benefits. Recouping those significant losses will put you and your family on stable financial ground.
Acknowledging the loss of relationships, intimacy, and affection and the emotional trauma caused by your loved one’s death is another purpose of your settlement. No amount of money can remove your grief, but those whose irresponsible actions caused that grief still need to recognize and compensate you for these emotional losses.
Pursuing Punitive Damages
Tennessee allows victims to pursue punitive damages in some wrongful death cases. If the at-fault party is proven to have acted “maliciously, intentionally, fraudulently or recklessly,” surviving family members may be entitled to collect an additional amount that works to punish the at-fault party for their appalling negligence. Your fatal motorcycle accident lawyer in Oakville will know whether your case warrants the pursuit of these damages.
Oakville Fatal Lawyer Near Me (901) 526-2126
How Much Negligent Parties Must Pay
Every fatal motorcycle accident case has its own set of circumstances, such as the victim’s age and type of employment, that contribute to the amount the at-fault party must pay the victim’s family. Whether the victim holds any fault for the accident is another critical factor.
As a fault state, Tennessee requires those at fault for an accident to pay their victims compensatory damages. However, if victims hold partial responsibility for the accident, the settlement amount collected is reduced by their percentage of fault.
Tennessee law also limits some elements of wrongful death settlements. Non-economic damages are typically capped at $750,000, though this amount is raised to $1,000,000 for qualifying cases. Limits also apply to punitive damages. An experienced fatal motorcycle accident attorney in Oakville will ensure you collect a fair settlement that adequately recovers your losses.
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Tennessee Motorcycle Accidents
Over a recent five-year period, the Tennessee Department of Safety and Homeland Security reported 17,127 motorcycle crashes and 914 fatalities. Shelby Country ranks fifth on the crash list, with 1,664 motorcycle-involved accidents. Accident causes cover a wide spectrum, from speeding to alcohol use, inclement weather conditions, and unsafe roads.
The at-fault party’s legal and insurance representatives will work hard to assign your loved one blame for the accident to reduce their compensatory payouts as per Tennessee’s fault laws. They will mount their own investigation seeking to prove your loved one was driving recklessly or otherwise contributed to the accident. Insurance adjusters have been known to use unethical means in making these accusations.
Your Oakville fatal motorcycle accident attorney has years of experience exposing and refuting these tactics and will protect your settlement and the justice owed to your loved one.
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A GKBM Oakville Fatal Motorcycle Accident Lawyer Is Ready to Fight for You
Losing a loved one is one of the most devastating experiences anyone can endure. At GKBM, our goal is to make the aftermath of your loss a bit easier. We will handle your case and work toward a settlement providing you and your household with financial security and a sense of justice.
We have been serving the residents of Oakville for over 40 years and have helped thousands of clients receive substantial settlements. Contact us today to schedule a free consultation with a skilled, attentive Oakville fatal motorcycle accident lawyer.
Call or text (901) 526-2126 or complete a Free Case Evaluation form