Losing a loved one to a commercial truck accident can be devastating. Learning that their death could have been prevented can quickly turn your mourning to rage. You can stand up and demand justice for your loved one’s passing.
Reach out to an experienced Germantown fatal truck accident lawyer at Gatti, Keltner, Bienvenu & Montesi to learn more about how the wrongful death claims process works. Schedule a free consultation with our truck crash lawyers today to further discuss the specific details of your family member’s passing and what legal options may be available to you and your family.
Liability for Fatal Truck Accidents
Your fatal truck accident attorney in Germantown will need to open up a thorough investigation into your loved ones passing. We need to determine how the truck accident occurred to establish liability in your case. The individual or entity found responsible for causing your truck accident will ultimately be in order to compensate you for your damages.
Some of the different ways fatal truck accidents occur include:
- Negligent driving, including speeding, distracted driving, drowsy driving, impaired driving, following too closely, failing to yield, failing to stop, and other traffic violations
- Hazardous road conditions, including improperly secured road construction zones, potholes, and missing or lack of street signs or traffic lights
- Dangerous or defective 18-wheeler parts, which could include issues with the tires, airbag inflators, brake system, steering column, or issues with the way the cargo was loaded onto the truck
There are many parties who could share fault for your damages, depending on how your accident occurred. For instance, in instances when truck drivers are found liable for causing fatal injuries, the trucking companies that employ them can also be held accountable.
When multiple parties are at-fault for your loved one’s death, it may make your case more complicated. However, it also increases your odds of recovering the damages you are entitled to.
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What to Do After a Fatal Truck Accident
When your loved one has passed away in a fatal truck accident, you may be left feeling overwhelmed and unsure of how to demand justice on their behalf. Law-enforcement officials may be able to pursue criminal charges against the liable party. This way, the defendant will be held accountable in criminal court and face jail time, fines, license suspension, and other criminal penalties.
However, when you reach out to a Germantown fatal truck accident attorney for help, we can help you hold the liable party accountable civilly as well. Here, they will be ordered to compensate you and your family for your financial losses and the psychological trauma associated with the death of your family member. You could find out more about how the civil claims process works for wrongful death lawsuits and fatal truck accidents when you contact your fatal truck accident lawyer for a free consultation.
Do You Have the Authority to File a Fatal Truck Accident Claim?
After you have lost a loved one to a fatal truck accident, you need to find out whether you have the right to file a wrongful death lawsuit on behalf of the decedent. Generally, according to Tennessee law, the decedent’s surviving spouse has the authority to file a claim.
However, in the event the decedent did not have a surviving spouse, there are other parties so they have the right to file a wrongful death lawsuit. These parties include the decedent’s surviving children, the decedent’s next of kin, or the decedent’s personal representative.
If the personal representative files the wrongful death claim, the damages awarded in the case will be awarded to the decedent’s surviving family members as opposed to the decedent’s personal representative. If you are unsure whether you have the authority to file a fatal truck accident claim in Germantown, do not hesitate to contact your lawyer for legal guidance.
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Recoverable Damages in Fatal Truck Accident Claims
If your fatal truck accident lawsuit is successful, the defendant can be ordered to compensate the decedent’s surviving family members for their losses. Examples of damages often awarded in fatal truck accident claims include:
- The value of the decedent’s medical expenses prior to their passing
- The decedent’s burial and funeral costs
- The loss of the decedent’s time and other expenses
- The emotional trauma and physical distress the decedent suffered prior to their death
- The surviving family member’s loss of the decedent’s income and future potential earnings
- The surviving family member’s loss of the decedent’s guidance, companionship, love, support, society, protection, care, and advice
A fatal truck accident lawyer in Germantown can help you seek all available losses in your case.
How the Wrongful Death Claims Process Works for a Fatal Truck Accident
Once you retain a Germantown attorney to take on your fatal truck accident case, you may be wondering what to expect from the claims process. We will handle everything, you can focus on your family and mourning your loss without the stress of a difficult insurance claim or lawsuit.
Here is a general idea of what to expect once you hire an attorney:
- We investigate the cause of your loved one’s fatal truck accident.
- We gather the evidence needed to prove someone else is responsible for causing your loved one’s death.
- We go over your damages and quantify them so you can be compensated fairly.
- We negotiate with the insurance company when filing an insurance claim is appropriate.
- We advocate for a total recovery of your damages before a judge in a wrongful death lawsuit.
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How Long Do You Have to File a Fatal Truck Accident Lawsuit?
According to Tenn. Code §28-3-104, the statute of limitations for Tennessee wrongful death claims is just one year from the date of the decedent’s death. If your lawsuit is not filed before this essential deadline, your family will no longer have the opportunity to pursue damages in civil court.
Get Help from a Germantown Fatal Truck Wreck Attorney Today
Fatal injuries in tractor-trailer accidents are not uncommon. As a surviving family member, it is up to you to get justice for your cherished loved one. You must fight for your loved one’s rights in pursuing a wrongful death claim against the at-fault party.
Get help fighting for maximum compensation when you contact a respected Germantown fatal truck accident lawyer at Gatti, Keltner, Bienvenu & Montesi. Schedule your free consultation by filling out our online contact form or calling our office today.
(901) 526-2126
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