No one ever expects to lose a family member to a truck accident. Unfortunately, collisions involving commercial trucks are known for causing severe, life-threatening, and fatal injuries. The incredible size difference between commercial trucks in standard motor vehicles makes it nearly impossible for any other type of car or truck to go up against an 18-wheeler and come out unscathed.
However, you can demand justice when someone else is to blame for your loved one’s death. A compassionate Bartlett fatal truck accident lawyer at Gatti, Keltner, Bienvenu & Montesi can help you get through these devastating times. Contact us for a free consultation today and find out more about what to expect from the wrongful death claims process.
When to Sue for a Fatal Truck Accident in Bartlett
After the loss of a loved one, it may not always be clear what your next steps should be. Reaching out to your fatal truck accident lawyer in Bartlett, TN, will get you the answers you want and need. You may generally have the right to take legal action against the individual or entity responsible for causing your loved one’s death in virtually any circumstances.
This is because Tennessee’s wrongful death laws allow for claims to be filed any time one party is responsible for causing the death of another. It does not matter whether the incident was negligence-based, an act of medical malpractice, or intentional in nature. If it had not been for the liable party’s actions, your family member may still be alive today.
This is what determines whether you have grounds for a fatal truck accident lawsuit. After reviewing your case details, your attorney can tell whether another party is ultimately at fault for your loved one’s death. If they are, you may have the right to file a claim with the insurance company or bring forward a wrongful death action.
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How to Demand Justice After a Bartlett Fatal Truck Accident
You may be able to demand justice after losing a loved one to a fatal truck accident. The claims process can be overwhelming. However, the sooner you get a fatal truck accident attorney in Bartlett, TN working on your case, the better. Filing a claim with the liable party’s insurer may be one of your top options for financial recovery.
However, in dealing with the insurance company, you may find the insurance company is pressuring you into settling for less than your claim is worth, they are delaying the processing of your claim, or attempting to deny your claim in bad faith.
Furthermore, the insurance company may attempt to escape total financial liability by only covering certain damages. If you are hoping to get justice for your deceased loved one, it is important to ensure the insurance company is held accountable for its financial obligations.
Your attorney can show the insurance company you mean business. When an insurance settlement is not enough to fully cover your losses, your attorney will be prepared to file a wrongful death action against the liable party or parties. Here, you can file a civil lawsuit seeking compensation for how the defendant’s actions and your deceased loved one’s life was affected.
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Wrongful Death Laws in TN You Should Know
Our truck accident lawyers are here to help ensure that you understand how Tennessee’s wrongful death laws work. This way, you are better prepared for what is to come and the various rules that could have an impact on the outcome of your case.
Right to File
You may be anxious to file your fatal truck accident lawsuit. However, before you can, you need to make sure you have the authority to do so. Under Tennessee’s wrongful death laws, only specific family members have the right to file a wrongful death action. The decedent’s surviving spouse will always have the first opportunity to file the claim.
However, if the decedent did not have a surviving spouse, the decedent’s surviving children or next of kin will have the authority to file the claim. In the event the decedent does not have any surviving children or next of kin, the named executor or personal representative of their estate will have the authority to do so.
In some cases, decedents do not name a personal representative. If this happens, the decedent’s surviving parents have the right to file the wrongful death action. Any damages awarded in a wrongful death action are awarded to the decedent’s surviving family members, no matter who ultimately filed the lawsuit.
Statute of Limitations
Our Bartlett fatal truck accident attorneys need to make sure your claim is filed before the statute of limitations runs out. According to Tenn. Code §28-3-104, your wrongful death claim must be filed within one year of the decedent’s death. If it is not filed before this deadline, you will lose your chance to hear your case in civil court.
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Types of Recoverable Damages Following a Fatal Truck Accident in Bartlett
There are a variety of recoverable damages that may be available in Bartlett fatal truck accident claims. Examples of such losses could include:
- Compensation for the decedent’s funeral
- Costs of the decedent’s burial
- The decedent’s loss of income and earning capacity
- The surviving family member’s loss of the decedent’s companionship, support, love, and financial services
- The loss of the decedent’s time
- The emotional trauma and physical suffering the decedent experienced prior to their death
Get Help from a Bartlett Fatal Truck Accident Attorney Today
Dealing with the insurance company and pursuing a wrongful death action can seem like a lot to take on when you are still mourning your loss. Get the legal help you need when you need it most. Reach out to a dedicated Bartlett fatal truck accident lawyer at Gatti, Keltner, Bienvenu & Montesi today.
You can schedule your no-cost, risk-free consultation by filling out our convenient contact form or calling us at your earliest convenience. If we agree to take on your case, you can rest easier while we work on establishing faults, proving liability, and maximizing the compensation your family is awarded.
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