The devastation you may feel after losing a family member to a fatal truck accident can be overwhelming. Fortunately, you may be able to ensure the at-party is brought to justice and held accountable to the fullest extent of the law.
Although you may need to leave criminal charges to the West Memphis Police Department, you can take civil action against the liable party by contacting an experienced West Memphis personal injury lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC. Contact our team for a free consultation today and find out more about how you can take steps to make the at-fault party pay.
How to Demand Justice After a Fatal Truck Accident in West Memphis
Losing a loved one after a truck accident can completely change your life. Your fatal truck accident lawyer in West Memphis, AR, is here to help you demand justice. The police department will handle any criminal investigation and charges.
But that does not mean that you cannot stand up and take back control. With help from our firm, you may be able to hold the liable party accountable and recover the compensation your family is going to need to get through these challenging times.
File a Fatal Truck Accident Insurance Claim
One of the top ways to recover compensation following a fatal truck accident is by filing a claim with the insurance company. Arkansas is a fault state for insurance and accident cases. This means you start the claims process by filing a claim with the liable party’s insurance company.
However, if you or your family member purchased your own no-fault or personal injury protection coverage, you may be able to file a claim with your own auto insurance provider regardless of who is responsible for causing the accident.
Unfortunately, the trouble with insurance claims is that they rarely cover victims’ losses in full. Insurance policies are designed to cover certain types and amounts of damages. This means many victims find themselves with losses insurance companies are not required to cover. For this reason, many families find themselves needing to pursue a wrongful death action in West Memphis civil courts.
File a Wrongful Death Lawsuit
A wrongful death lawsuit is a personal injury claim brought forth on behalf of someone who has passed away due to the wrongful or negligent actions of another. According to Ark. Code §16-62-102, wrongful death can occur in accidental situations, such as truck accidents, motorcycle accidents, or slip and falls.
However, they can also occur in instances of medical malpractice or intentional malice, such as homicide. Your fatal truck accident attorney in West Memphis, AR is here to help you determine whether you meet the grounds needed to file a wrongful death action.
If someone else is to blame for your loved one’s death, you may have the authority to move forward with a wrongful death action. Here, you have your greatest opportunity to recover your losses and get justice for your deceased family member.
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How a West Memphis Fatal Truck Accident Attorney Can Help
Our fatal truck accident lawyers are here to help your family figure out how to cope and get justice for your loss. While you are mourning and attempting to live your lives as normally as possible despite your loss, our team can work diligently to build a compelling case against anyone who shares liability for your family member’s death. Our responsibilities will include the following:
Establish Fault with Powerful Evidence
To win your fatal truck accident lawsuit, we will need to show another party is at fault for your loved one’s passing. To do this, we can examine how the truck accident occurred. Generally, fatal truck accidents are caused by:
- 18-wheeler defects
- Negligent truck drivers
- Irresponsible trucking companies
- Failure to make necessary repairs
- Driving unsafe for the weather conditions
- Violations of federal trucking regulations
Trucking companies, truck owners, truck drivers, maintenance workers, and other third parties could all share blame for your loved one’s death, depending on how the collision occurred. We will need to carefully analyze the truck’s black box data, which can give us further insight into how the accident occurred.
Communicate and Update
Our team will be sure to reach out and communicate with you regularly when there are updates to your case. You should not be stuck wondering what is going on or waiting for your attorney to give you a call back.
When you have questions, we will have answers shortly after. You can rely on your signal truck accident attorney to guide you through the claims process step-by-step, be there for your family during this difficult time, and communicate often as we demand justice.
Calculate the Value of Your Damages
Your attorney will need to scrutinize your damages to determine which types of losses could be recovered in your fatal truck accident lawsuit. Damages can be paid to the decedent’s estate or the family. Benefits that may be awarded include:
- The surviving member’s loss of the decedent’s financial support
- The surviving family member’s emotional distress, despair, and grief
- The surviving family member’s loss of guidance, educational opportunities, and training
- The surviving family member’s loss of companionship, love, protection, services, care, and support
- The decedent’s funeral and burial costs
- All of the decedent’s medical expenses
- The emotional distress and physical pain the decedent endured prior to their passing
- The loss of the decedent’s income and potential future earnings
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Contact a Fatal Truck Accident Lawyer in West Memphis for Help Today
The loss of a loved one can seem like too much to bear. The thought of going up against the liable party and bringing your case to court can seem impossible. With help from a powerful West Memphis fatal truck accident lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC, you can get justice for your loved one.
Fill out our quick contact form or call our office to schedule your free consultation today. If our firm takes on your case, you can rely on us to work diligently and maximize the amount of compensation the defendant is required to award you.