Are you having trouble coping with the loss of your cherished family member? Has your entire life been changed due to the passing of your loved one? When someone else is to blame, you can hold them accountable and recover the compensation you are going to need to get through these trying times.
An experienced Southaven personal injury lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC can help you get the most out of your claim. Find out more about how the wrongful death claims process works for fatal truck accidents and how much you could be entitled to when you contact our team for a free consultation.
What to Expect from Your Fatal Truck Accident Claim
Your fatal truck accident lawyer in Southaven, MS is here to help you navigate the often overwhelming elements of the claims process. When you pursue a fatal truck accident case, many details must be considered. This includes the evidence your attorney will need to introduce to support your case, how insurance claims work, and how Mississippi’s wrongful death laws could impact the outcome of your case. Here is more:
The Burden of Proof
In criminal court, the burden of proof is beyond a reasonable doubt. The prosecuting attorney needs to prove guilt beyond a reasonable doubt for a jury to convict someone of a criminal offense. When you are pursuing a fatal truck accident claim, this is not the same as criminal charges the defendant may face.
In a fatal truck accident case, you are filing a civil claim against the liable party for causing the death of your loved one. Here, you are seeking compensation for your damages and justice for your loved one’s death. The burden of proof in wrongful death claims is based on a preponderance of the evidence.
Your fatal truck accident attorney in Southaven, MS will need to gather powerful evidence that convinces the jury the defendant is more than likely responsible for causing your loved one’s death. For example, if your loved one was killed in a fatal truck accident caused by the truck driver’s drunk driving, introducing copies of the defendant’s chemical blood alcohol test results could help prove they were drunk at the time of the accident.
Insurance Claims and Wrongful Death Actions
There are several ways you could recover compensation following a fatal truck accident. We briefly mentioned the right to file a wrongful death action. When you file a lawsuit, you have the greatest opportunity to fully recover the damages you deserve.
This means you have the opportunity to recover compensation for a variety of damages that may not be available through an insurance settlement alone. However, those who are hoping to avoid going to court may be pleased to learn that it is possible to do so if you can negotiate a reasonable settlement with the insurance company.
Your Southaven fatal truck accident attorney will be prepared to deal with the insurance company if the defendant has insurance coverage, so you can potentially avoid going to court. However, if the insurance settlement you are offered does not meet your needs, we may need to be prepared to move forward with your wrongful death action.
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What Happens After Hiring a Fatal Truck Accident Attorney in Southaven
Our fatal truck accident lawyers are here to handle all of the legal matters associated with your case. This way, you do not need to deal with some of the more burdensome elements of the claims process while you are mourning your loss. Here is more about what to expect after you hire our firm to take on your case:
We will begin by opening up an investigation into how your fatal truck accident occurred. Establishing liability and gathering the evidence we need will be critical. Since the burden of proof is based on a preponderance of the evidence, we may need to identify witnesses to testify in your case, hire experts, work with accident reconstructionists, and gather other supporting evidence, such as:
- The truck driver’s cell phone records
- Analysis of 18-wheeler black box data
- Scrutinize video surveillance of the accident
- Obtain copies of your medical records
- Obtain copies of the police or accident reports
Fatal truck accidents can be caused in virtually any circumstance. However, there are some ways in which these accidents occur more often than others. Your lawyer will review how your loved one’s fatal truck accident happened to identify potentially liable parties.
Some of the parties who could be sued for your loved one’s passing include:
- The trucking company
- The owner of the tractor-trailer
- Truck maintenance workers
- The truck driver
- Truck safety inspector
- The owner of the truck
- Motor vehicle dealerships
- Cargo loaders
- Other third parties
There are a variety of damages that could be awarded in a fatal truck accident claim. Fatal truck accident lawsuits are similar to personal injury claims, except the lawsuit is filed on behalf of the decedent.
Your fatal truck accident attorneys will need to go over your losses and determine how the decedent’s life was affected prior to their passing to calculate the value of your claim. Examples of damages that may be awarded include:
- Funeral and burial expenses
- Medical expenses
- Loss of the decedent’s income
- Loss of the decedent’s household services
- Loss of the decedent’s love and support
Advocating for Your Rights
Whether you are filing a claim with the insurance company, bringing your fatal truck accident case to court, or pursuing financial recovery across multiple avenues, our firm will be here to advocate for your rights every step of the way. We will not be afraid to go up against profit-hungry insurance companies or present your case before a judge and jury.
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Reach Out to a Fatal Truck Accident Lawyer in Southaven for Help Today
Filing an insurance claim or civil lawsuit after losing your treasured loved one may not be at the top of your priority list. You may be consumed by your grief and want to devote your time and energy to your family. However, it is important to get justice for your loved one and make the liable party pay.
A compassionate Southaven fatal truck accident lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC is here to help you figure out what your next steps should be. Get help every step of the way. Fill out our online contact form or call us to schedule your free consultation today.