Lexis Nexis
Gary W. Starnes Attorney at Law
736 Georgia Avenue
Suite 404 Dome Bldg.
Chattanooga, TN 37402
Phone (800)281-2403
Fax (423) 266-7193
Email: gstarnes@volstate.net
Auto Accident Attorney
Chattanooga, Tennessee
Wrongful Death in a Car Accident
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If you lost a loved one in a car accident, nothing can replace what that person meant to you, but for practical concerns, a wrongful death lawsuit can help answer many questions. A wrongful death lawsuit can answer questions like: how am I going to pay bills? How will I put food on our table? How can I afford to help my kids go to college? A wrongful death lawsuit can help you and other survivors recover damages from all those who contributed to your loved one's death.
If you have lost a loved one and now need help meeting your expenses in Tennessee or Georgia, Auto Accident Lawyer, Gary Starnes, can help. Please call or email our wrongful death attorenytoday for a free consultation.
Is this a "Wrongful Death"?
In order for your loved one's death to be considered a wrongful death in the eyes of the law, the death must have been caused by the negligence or misconduct of another person. Although we use the term "accident," very few car accidents are truly accidental. Most are the result of one or another person's negligence or misconduct.
Speeding, reckless driving, distracted driving, texting or talking on cell phones while driving, and drunk driving are all forms of misconduct that can lead to a car accident. Other misconduct that may have contributed to your loved one's death include: defective road maintenance or design, defective design or manufacture of a vehicle, and negligent cargo securement (for truck accidents). If your loved one's death was due to any of these factors, it may be considered a wrongful death.
Who Can File?
When a person suffers wrongful death, several people may be eligible to file a wrongful death lawsuit, including:
- Representative of the estate
- Spouse
- Children
- Legal dependents
But the damages they can file for varies.
The representative of the estate can file for injuries suffered by the deceased, including medical bills and pain and suffering he or she went through before dying. A spouse can file for economic damages if the deceased contributed to the family income, and noneconomic damages including loss of consortium. Children can file for economic and noneconomic damages as well.
Who Can You File Against?
Your wrongful death action can be filed against any and all people who shared responsibility for your loved one's death. If another driver was speeding, then tried to brake, but lost control due to excess gravel related to road maintenance, and struck your loved one's car, whose seatbelt, airbag, or other safety equipment failed, your lawsuit may have several defendants: the driver of the other car, the construction company, and the car manufacturer. After hearing evidence, the court would determine each party's share in responsibility for the death and order each to pay their share of your damages.
Wrongful death lawsuits can be complicated, but if you have lost a loved one, they may be one of the best ways to help put your life back together and move forward. Please call or email us today for a free consultation about your situation.