Whether driving our cars to a destination or working alongside our coworkers, we owe everyone we come in contact with a certain responsibility. We do not have the right to act any way we want to whoever we want. Our negligence can cause others to experience serious harm, even death in some instances.
If your family has lost a loved one due to a wrongful death accident, it can be a pain that is very hard to overcome. In addition to coming to terms with losing your family member, you may have to consider whether to file a lawsuit against the person who caused your loved one’s accident. When you want to seek justice on behalf of your loved one for their injury accident, the best lawyer to have on your side is an Oakville personal injury lawyer from Gatti, Keltner, Bienvenu & Montesi, PLC.
Wrongful Death Accidents
For an accident to be classified as wrongful death, it must be an illegal and negligent accident that led to the death of another party. This is why wrongful death accidents are prosecuted in civil court. Most personal injury accidents – from car accidents, product liability accidents, and medical malpractice accidents – can be considered wrongful death.
The only requirements for a wrongful death accident are that it must stem from a negligent act and that the negligent accident resulted in the death of a victim.
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The Statute of Limitations to File a Claim
Every survivor of a wrongful death accident in Tennessee has a statute of limitations that they must follow. The statute of limitations is the deadline that the courts require you to submit your wrongful death accident. Tennessee courts require you to submit your wrongful death lawsuit within one year from your loved one’s death date.
When you file your lawsuit past the statute of limitations, it can affect your lawsuit moving forward. It is a greater chance that your lawsuit will be thrown out if it is not filed within the required timeframe.
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Damages You Can Recover in a Wrongful Death Lawsuit
Another unique aspect of a wrongful death lawsuit is the types of damages that you can recover. With a wrongful death lawsuit, you can retrieve compensation for any medical expenses you had to pay for regarding your loved one’s injuries and the lost income they provided through their occupation. In addition to these damages, you can also sue for:
- Pain and suffering. This damage covers the costs of the physical and mental strain that the death of your loved one has caused you and your family.
- Loss of companionship. This damage covers the costs of the significant emotional trauma associated with losing your loved one.
- Funeral expenses. This damage covers the costs of any burial expenses you have paid for your loved one’s burial.
- Punitive damages. If the nature of your loved one’s accident was so grossly negligent, you might be awarded punitive damages in a trial.
While some of these damages seem like damages that are difficult to calculate financially, an experienced wrongful death lawyer can accurately calculate these damages for you.
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Evaluating Your Wrongful Death Lawsuit’s Worth
Another way that a wrongful death lawyer in Oakville can help your lawsuit is to provide an accurate assessment of your lawsuit. Each wrongful death lawsuit is worth it differently because each wrongful death accident is different. Some of the common factors that wrongful death lawyers use to determine the worth of each lawsuit include:
The Costs of the Victim’s Damages
If your loved one had any outstanding medical expenses at their death, those costs could increase the worth of your wrongful death lawsuit. The funeral expenses you also had to pay for your loved one can also factor into the number of damages the victim endured.
The Pain the Victim Experienced Prior to Their Death
Some personal injury accident victims do not die immediately following their accident. Their death may occur days or even weeks after the accident has happened.
The Financial Losses that Impacted Your Family Because of Your Loved One’s Death
If your loved one was the family’s primary breadwinner, this factor might be considered when determining the worth of your lawsuit.
The Intangible Losses Your Family Suffered
These intangible losses can include the personal impact of your loved one’s loss on the entire family. For example, if a mother of three died due to a property owner’s negligence, the impact of the mother’s death on her children would be considered and potentially increase the worth of the claim.
The Negligence of the Defendant’s Actions
If the defendant’s actions were extremely negligent, the worth of your claim could increase.
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How a Wrongful Death Lawyer in Oakville Can Help
The parties responsible for your compensation are the defendant’s insurance companies. Even in wrongful death claims where an innocent person has lost their life, the insurance companies’ main goal is to prevent paying out as many claims as possible. Because of this, insurance companies will attempt to accuse your loved one of being responsible for their accident. Insurance adjusters do not mind blaming your loved one’s actions for their accident if it means their client will not lose the lawsuit.
At Gatti, Keltner, Bienvenu, & Montesi PLC, our wrongful death attorneys in Oakville want to ensure that you and your family receive the compensation you deserve from a wrongful death accident. While no money can bring your loved one back, the least insurance companies can do is reward you with enough compensation to alleviate the financial strain their preventable accident has caused your family. Our wrongful death lawyers stop at nothing to demand that the defendant be held accountable for your loved one’s death.
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Speak to an Experienced Oakville Wrongful Death Attorney Today
You deserve to properly grieve the loss of your loved one without being harassed by insurance companies. Allow the Oakville wrongful death lawyers at Gatti, Keltner, Bienvenu, & Montesi, PLC to represent your loved one with fierce honor. Call our office, or complete our contact form to schedule a free consultation today with a member of our team.