Nashville Car Accident Wrongful Death Cases

Nashville car accident wrongful death cases occur when someone dies as a result of a collision. If someone eventually dies due to injuries sustained from the accident a loved one can pursue a wrongful death case at any time.

Nashville car accident wrongful death cases often happen when something that happens when somebody is in an accident and expected to pull through or be okay. They may even leave the hospital and go home, but some complication may later occur that leads to their death. If you or a loved one find yourselves in this situation, contact a distinguished wrongful death lawyer about reviewing your case.

Common Accidents in Nashville

Most of Nashville’s fatal accidents happen on a highway or interstate. The two main reasons for that are that cars are traveling faster, so there tends to be a bigger impact and more damage. When a semi-truck driving near a small car often ends in a fatal accident.

Typical Fact Patterns

The most common fact pattern in Nashville car accident wrongful death cases is when someone is driving too fast. A lot of cases involve intoxicated drivers, because they tend to drive fast and reckless. A lot of truck or semi-truck accidents occur because the difference in the size of the vehicle can lead to a fatal accident.

Over the years, there has been an increase in distracted drivers on the road. When paying attention to their phone, they can travel great distances at the average speed limit but if they do not know to apply their brakes, there can be tragic and fatal car accidents as a result.

Initiating a Wrongful Death Case

These cases are complicated. The easiest thing for them to do is contact an experienced wrongful death lawyer to handle all of those things for them. If they had an opportunity to take any photographs of the vehicles involved in the accident or the product if it is a products case that caused the death, it is recommended. They can take photographs with their phone. If it is a product or if they have written documents, it is important to keep that evidence safe and give it to the lawyer.

Role of Illegal Behavior

There may be a separate but simultaneous criminal prosecution by the district attorney. Although it maintains a wrongful death case, there may be additional damages under the case. Those will be punitive damages or the damages that are meant to punish the criminal behavior and give the victims of that criminal behavior additional compensation as redress.

Determining Amount of Damages

There are punitive damages. From a general standpoint, it means larger damages. Juries and judges are people and if there was something criminal or evil behind whatever happened to have an innocent family lose a loved one, one way that they can say that it should not have happened or to punish it is to give more money. It generally drives the value of the case up.

The Difference Between a Wrongful Death and Survival Action Case

As a Nashville car accident wrongful death lawyer, we understand that there is some confusion between wrongful death and survival action cases. These two types of cases are not the same, and a lawyer for wrongful death in Nashville will help you to know which one is applicable to your situation.

Wrongful Death Case

A wrongful death case can be filed by a personal representative or a surviving family member, such as a spouse, child, or other dependent of the deceased. The claimant can typically file for economic and non economic damages. However, in Tennessee, there are caps for non economic and punitive damages. Your Nashville car accident wrongful death lawyer will help you to know what damages are applicable given the facts of your case.

Survival Action

A survival action case can be filed by a personal representative or successor in interest. In general, these cases are most appropriate when the deceased person did not immediately die from the injuries sustained in the car accident. In other words, the victim lived for a few hours, days, or weeks after the accident. Damages that may be recovered in a survival action case may include the losses the victim would have recovered had they not lost their life.

Depending on the circumstances, a Nashville car accident wrongful death lawyer might consolidate both types of claims into one.

Call The Higgins Firm Today

Losing a loved one to negligence or wrongdoing can be devastating. The emotions you may be going through might feel confusing and overwhelming. Our wrongful death lawyers would like to offer you our condolences. Furthermore, we want you to know that we can listen to what happened and help you to understand your legal options. The Higgins Firm is dedicated to helping our clients recover maximum damages. Our Nashville car accident wrongful death lawyers are available to review your case with no obligations attached. Call The Higgins Firm now.