Losing a loved one to a fatal truck accident leaves you dealing with the aftermath, from the end-of-life debts to your grief and suffering. Worse, the at-fault party may be unwilling to admit the blame, which forces many wrongful death victims to pay out of pocket for the loss of a loved one.
At Gatti, Keltner, Bienvenu & Montesi, our North Memphis fatal truck accident lawyers work hard to ensure our clients get the funds they need to recover from a catastrophic accident. Reach out to speak with a compassionate truck accident injury lawyer and learn more about your options following a deadly truck accident.
Eligibility to Sue for a Fatal Truck Accident
Fatal truck accident claims are more complex than other personal injuries because the injured party is deceased. They cannot act on their own behalf, meaning a family member or other representative must step in. Because many people may file a claim otherwise, Tennessee law narrows down the list of people who are eligible to take legal action.
To be eligible to sue for a fatal truck accident claim, you must be one of the following people:
- Surviving spouse
- Surviving children
- Surviving next of kin
These are listed in order of eligibility. That means if the deceased’s spouse is alive, you will not be able to sue even if you’re the deceased’s child.
However, that does not mean you are ineligible for compensation. For example, you may be due funds after helping with expenses related to the accident. Talk to your North Memphis fatal truck wreck lawyer about seeking funds for your recovery, even if you are not sure whether you are eligible to sue.
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Damages Available to Surviving Families
When you have lost a loved one to a deadly truck accident in North Memphis, our lawyers know it can be costly. You are facing a devastating loss, and the financial, mental, and emotional toll can impact you and your family. When this happens, seeking compensation can be difficult but essential.
That is where a fatal accident attorney can step in. If you are unsure what damages you are due, talk to a lawyer about calculating your damages and determining whether you are getting the compensation you are due for your recovery.
Economic Damages
When you have lost a loved one in a fatal truck accident, you may find yourself facing serious expenses. Those expenses can leave you and your family in severe debt while you are dealing with the grief of losing a loved one.
Your North Memphis fatal truck accident attorney can help you recover the funds you need. These may include hospital bills for their final medical treatment, funeral, and burial services, lost wages, property damage, and other financial costs of these losses. Talk to a North Memphis attorney about the costs of your family’s loss and what you can do to recover.
Non-Economic Damages
A truck accident can leave more than a financial toll on your family. It can leave your family facing devastating grief and pain that can linger long after the accident happened. But these non-economic damages are also intangible, meaning there is no set dollar amount attached to them.
Fortunately, a lawyer can help. If you’re unsure what your family is due for your grief, pain and suffering, loss of consortium, and other intangible losses, reach out to the team at Gatti, Keltner, Bienvenu & Montesi for the guidance you need when calculating the damages you are due.
Punitive Damages
In some cases, the person responsible for a fatal truck accident was acting with gross negligence, or they were trying to harm your loved one when the fatal accident happened. In these cases, you may have grounds for punitive damages.
These damages are not meant to compensate for a loss, like your economic or non-economic damages. These damages are instead meant to punish the wrongdoer and deter others from doing the same in the future. However, these damages can be difficult to seek, so talk to a fatal truck accident lawyer if you believe you may be eligible.
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Liability for a Fatal Truck Accident
After a loved one passes away in a fatal truck accident, determining who’s at fault for their wrongful death informs the details of your lawsuit. You cannot sue until you have identified the plaintiff, and you may lose time, money, and effort if you sue the wrong party. A North Memphis fatal truck accident attorney can help you determine the person at fault.
In fatal truck accidents, fault often lies with the trucking company. While the driver may have caused your loved one’s fatal accident, the company is responsible for the actions of the people they hire. The answers depend on your case, so speak with a lawyer about your options.
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What to Expect from Insurance Companies
When facing the aftermath of a fatal truck accident, you may expect the insurance company to step in. Commercial truck insurance is meant to cover larger-scale accidents, as heavy trucks can do catastrophic damage. But that doesn’t mean the insurance company will be on your side.
Insurance companies are for-profit businesses, meaning their goal is to make a profit—not to help your family recover. Because of this, many families struggle to recover because the insurance company pays less than what they’re due. Worse, they may have been denied in bad faith.
If you believe the insurance company is offering you less than what your family deserves, you do not have to accept their settlement offer. Seek out a fatal truck accident lawyer in North Memphis instead to get answers about your claim’s value and the representation you need to get it.
Contact a Fatal Truck Accident Attorney in North Memphis
When a loved one passes away because of someone else’s careless actions, getting compensated fairly can be tough. You are already grieving, and now you are facing piling debts and a legal case. Acting alone can feel almost impossible.
The attorneys at Gatti, Keltner, Bienvenu & Montesi are here to help when you are dealing with the aftermath of a fatal truck crash, and they are here to help you recover. When you need legal representation for you and your family, reach out for a free consultation with a North Memphis fatal truck accident lawyer. Our team can be reached by phone, or you can fill out our online contact form to get started today.
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