Car accidents are one of the leading causes of accidental death in Johnson City, Tennessee. If your loved one was killed in a fatal motor vehicle accident, it can be difficult to think about taking legal action while you are dealing with the overwhelming grief. However, Tennessee has strict deadlines for filing wrongful death lawsuits, and swift action is necessary to hold the at-fault driver financially responsible for your loss and seek a measure of justice for the deceased.
Contact The Terry Law Firm’s fatal car accident attorneys for a free consultation about your case. We are ready to help you understand your rights as a surviving family member and walk you through the process of seeking the compensation you need for the loss of your loved one.
How The Terry Law Firm Can Help Your Family During This Difficult Time
Since 1960, The Terry Law Firm has provided quality legal services to car accident victims and their families in Johnson City and throughout East Tennessee. Our team has more than 90 years of combined legal experience. Our fatal car accident lawyers are committed to helping you seek compensation for the loss of your loved one.
Some of the ways we can assist are by:
- Identifying the at-fault parties
- Gathering supporting evidence
- Negotiating with insurance companies
- Filing lawsuits within the deadline
- Representing your case at trial, if necessary
Over the years, we have helped families recover significant compensation in fatal car accident cases, including a $3.1 million case in which one passenger vehicle occupant died and another was left with back injuries requiring surgery after being rear-ended by a tractor-trailer. While every case is unique, and past results do not guarantee future outcomes, our successful track record does indicate our experience with complex fatal car crash cases.
To learn more about what it is like to work with our firm, we encourage you to check out our client reviews, including this one from V.G.
“The Terry Law Firm is Wonderful. My case was closed and approved. Won … I would recommend The Terry Law Firm to anyone. And for the record, The Terry Law Firm is also admired by other high-ranking lawyers.”
Understanding Fatal Car Accidents in Johnson City, Tennessee
What are the chances of being in a fatal car crash? According to data collected by the National Safety Council (NSC), the average American’s odds of dying in a car crash are 1 in 95. That means there is a greater than 1 percent chance of being in a fatal collision.
In Tennessee specifically, the Insurance Institute for Highway Safety (IIHS) found that motor vehicle accidents caused 18.6 deaths for every 100,000 residents in a recent year. That comes out to 1,323 fatalities caused by car and other vehicle crashes in just one year.
While fatal car accident injuries are tragically common, each case is unique and may involve different at-fault parties, such as other motorists, vehicle manufacturers, maintenance providers, or government entities. Identifying all of the at-fault parties is key for maximizing your compensation.
Tennessee Wrongful Death Laws and Your Rights
Understanding Tennessee’s wrongful death laws and your rights is crucial for securing compensation for the loss of your loved one. Two of the most important laws are the state’s statute of limitations and laws regarding who can file a wrongful death lawsuit.
Statute of Limitations
Tennessee Code Section 28-3-104 states that surviving family members have only one year to file lawsuits against the parties responsible for their loved one’s death. Meeting the one-year deadline is vital because the state’s courts will likely prevent you from seeking compensation if you miss it.
While one year may initially seem like a long time, it can go by quickly. During that time, your lawyer must identify the at-fault parties, gather supporting evidence, and build a strong legal case. Initial settlement negotiations also typically occur during this time, making it important not to wait until the last moment to seek legal help.
Who Can File a Wrongful Death Lawsuit?
Tennessee Code Section 20-5-107 gives the deceased’s personal representative or surviving spouse the right to file a wrongful death lawsuit. If there is no surviving spouse, the deceased’s children or next of kin may also have the right to file a lawsuit.
If you are unsure about your right to seek compensation through a wrongful death lawsuit, consult a Tennessee car accident lawyer from The Terry Law Firm.
Types of Compensation Available in Fatal Car Accident Cases
Under Tennessee Code Section 20-5-113, surviving family members can seek car accident compensation for various losses related to their loved one’s death. Recoverable wrongful death damages may include:
- The loss of their loved one’s financial support
- The loss of their loved one’s companionship, guidance, and affection
- The medical bills incurred by their loved one due to the incident that caused their fatal injuries
- Their loved one’s funeral expenses and burial costs
- The mental anguish and suffering caused by their loved one’s death
In Tennessee, all drivers must carry liability insurance, including at least $25,000 for bodily injury or death for a single person and $50,000 for all bodily injuries or deaths caused by an accident.
The Legal Process for Wrongful Death Claims in Johnson City
After the death of a loved one in a car accident, the legal process of seeking compensation involves the following key steps:
- Accident investigation – First, our lawyers can investigate the accident to identify the at-fault parties and gather the evidence necessary to hold them financially liable.
- Insurance claim – Second, our lawyers can file an insurance claim against the at-fault driver’s liability coverage.
- Settlement negotiation – Third, our lawyer can negotiate for a settlement with the insurance company that covers all of your losses.
- Wrongful death lawsuit – If the insurance company refuses to offer fair compensation in a settlement, our lawyers can file a wrongful death lawsuit within the one-year deadline.
- Trial – If the insurance company still refuses to make a fair settlement offer, our lawyers can take your case to trial and seek maximum compensation in court.
Our Johnson City Fatal Car Accident Attorneys Are Ready to Help You
Are you ready to take the first step toward seeking compensation for your loved one’s death? Contact The Terry Law Firm for a free consultation with a highly qualified member of our Johnson City fatal car accident law firm. During your consultation, we will review the accident details and answer your questions about your fatal car accident claim.