Nashville, TN – It is possible that an automobile accident causes fatal injuries to one or more of the people involved. In these kinds of situations, the family has the right to file a special kind of case that will pay out compensation for various costs related to the aftermath of the collision. There are special rules for wrongful death cases, so it is important for anyone considering this option to speak with a lawyer as soon as possible. The statute of limitations is shorter than for standard injury lawsuits, so the claim should be brought quickly.
Family members who are allowed to file a case on the victim’s behalf
When a person sustains fatal injuries during a car crash or other types of accidents, there are certain family members who can receive compensation on their behalf. Tennessee law imposes limits on which people can make these kinds of claims. The spouse is first in line to be able to file the lawsuit, followed by the victim’s children if they are not married. If neither of these parties are available, parents of the representative of the person’s estate will have the right to sue. There may also be the possibility that another party who was financially dependent on the victim will make a claim rather than immediate family members. Other relatives who do not fit into any of these categories are not allowed to bring the lawsuit.
The person bringing the case can ask for economic damages related to various kinds of losses caused by the accident. These include the victim’s earning capacity and financial contribution to their family, medical and hospital costs associated with treatment, funeral and burial costs, and other tangible losses that are directly related to the person’s death. The victim’s future earning capacity is often a very large part of damages, as their salary can be multiplied by the number of years they would have been able to work until retirement if they had lived.
Tennessee also allows for damages for emotional pain and suffering to be paid out through survival claims. These kinds of damages are normally available to the estate through a negligence case for personal injuries, but the process is slightly different because the victim is not bringing the case on their own. The survival claim generally allows the estate to seek compensation for non-economic losses that may be tied to trauma and various other similar kinds of losses.
Talking with an attorney about fatal accidents
George Fusner is an experienced accident attorney who helps local victims in Nashville and surrounding parts of Tennessee. Anyone who is considering a lawsuit can schedule a meeting to get more information about personal injury lawsuits.
Firm contact info:
7104 Peach Court, Brentwood TN 37027