When a loved one dies from someone else’s negligence, families feel alone and like they have no options. Even though a civil action may not erase the loss, you can seek justice on their behalf. Inexperience, gross negligence, and more are common factors that lead to wrongful death. You need an experienced injury attorney who is empathetic, understanding, and willing to fight for justice.
Uncovering the liable party and seeking compensation is a long process full of paperwork and insurance company tactics. You should speak to a Lakeland wrongful death lawyer from Gatti, Keltner, Bienvenu & Montesi about your options.
Understanding Wrongful Death Claims
Wrongful death claims are lawsuits that family and next of kin can file when a person dies from the negligence of another. The circumstances behind the death will vary, including car accidents. Through a wrongful death claim, your Lakeland wrongful death attorney will work to prove that you deserve compensation from the negligent party.
If your lawsuit is successful, the negligent party will pay for any loss you suffer from the death.
Car accidents, truck accidents, motorcycle accidents, and other vehicle accidents of varying degrees are the most common causes of these accidents, but medical malpractice is a close second. Medical malpractice involves the negligence of a medical professional that results in severe injury or death. Wrongful death often occurs from medical malpractice in surgeries and other major medical procedures.
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Compensation for Wrongful Death Claims
You must speak with a wrongful death lawyer in Lakeland, TN, to determine the compensation you can seek in a wrongful death claim. These claims are very complex, and the expenses you can recover will vary. Expenses after death can mount quickly while you are struggling with grief and debt.
Treatment Costs
Some accidents will take a person’s life at the scene, and others will pass away later from their injuries. If your loved one passes away in the hospital, accumulating medical bills, you can include these in your claim.
Medical expenses can quickly add up after only a few days. These expenses can consist of medications, procedures, and emergency surgery. If possible, request documentation of the costs from the hospital and any treating physicians.
Funeral Expenses
Funeral and burial expenses are in the thousands, much more than many people have on hand. An average funeral cost is about $7,000, not including other end-of-life expenses.
Families will get into a great deal of debt paying for a funeral. You should provide your wrongful death attorney in Lakeland, TN, with documentation for these expenses, if possible.
Lost Wages
Many factors will come into consideration when tabulating future lost wages for the deceased. There are no caps on future lost wages, but you should discuss how to accurately assess these damages using employment information, pay stubs, and more.
If your loved one was employed and provided financial assistance to the household, you should ask your wrongful death lawyers about assessing these losses.
Emotional Pain
The family is suffering from extreme emotional pain after losing a loved one. It changes the course of their life. When the accident is incredibly traumatic, the emotional pain is worse.
While thinking of your pain in monetary figures is challenging, your Lakeland wrongful death attorneys can assign a number by reviewing evidence. They can include mental health costs like therapy and counseling in your claim.
Punitive Damages
When the defendant purposely inflicts harm, you can seek punitive damages. These damages come when a defendant knowingly and deliberately gets behind the wheel while drinking, resulting in your loved one’s death. These payments can apply in many other instances, but you should seek advice from Gatti, Keltner, Bienvenu & Montesi.
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Liability and Wrongful Death
You can file a wrongful death claim against anyone who caused the death, including government agencies, companies, or people. This can include drunk drivers, doctors, manufacturers, and many more.
In most claims, however, the insurance company that insures the person or company will be the liable party. The main factor you must prove is negligence. You must prove duty, breach, causation, and damages in all wrongful death claims, regardless of whose to blame.
Accidents that lead to death include:
When You Can File a Wrongful Death Claim
Loved ones can file a wrongful death claim anytime someone dies from someone else’s negligent actions. However, you only have a short time to take action.
Tennessee has a short statute of limitations for wrongful death claims. You only have one year to file a lawsuit. Waiting too long can hinder your ability to recover evidence.
You have the right to seek compensation for your losses. The faster you move, the more options you have. The Lakeland wrongful death attorneys at GKBM have the resources to investigate the case and find avenues of recovery.
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Wrongful Death on the Job
Employers should keep workplaces safe for their employees to prevent injuries and death. When they fail and someone dies, they should be held accountable. Death on the job is complex because you can file a workers’ compensation or personal injury claim depending on the circumstances.
Within a workers’ compensation claim, a family can recover two-thirds of their loved one’s earnings when there are children. Without children, you can request 50% of their earnings. You can also recover medical and funeral expenses.
Wrongful death claims will include these losses plus pain and suffering, loss of companionship, and loss of enjoyment of life. There are benefits and pitfalls to each path. Family members should discuss their options with a wrongful death lawyer in Lakeland to find the best legal recourse.
Speak to a Compassionate Lakeland Wrongful Death Attorney
Losing a loved one is traumatizing, and families should seek justice when someone causes this unexpected death. The insurance company representing the negligent party will fight to deny your claim, but you will have the strength of Gatti, Keltner, Bienvenu & Montesi, fighting back.
Contact our firm for an initial consultation with a Lakeland wrongful death lawyer. We will review case merit, collect evidence, depose witnesses, and build your case.
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