Losing a loved one in a car accident is one of the most painful things you can experience. You will go through stages of pain and shock that will make it very hard to think clearly.
If your loved one lost their life because of a negligent driver, there are some decisions you need to make. One of these decisions will be about pursuing a legal case against the driver.
However, navigating complex legal processes after a fatal crash can be overwhelming. You will have to try and balance it with your grief, which is never easy.
If you have never filed a wrongful death claim before, there is also much information you need to process. With this information comes misconceptions you need to be aware of.
What Is a Wrongful Death Claim?
Before we get into those misconceptions, let’s look at wrongful death claims as a whole. When you file a wrongful death claim, it is typically called wrongful death litigation.
This legal process allows you to seek compensation after your loved one dies as a result of negligence. Tennessee wrongful death laws exist to help families hold the negligent party accountable. Wrongful death claims are also meant to recover specific damages.
These damages may include funeral costs, medical bills, and your loved one’s lost income. A settlement can help cover some of these costs if your loved one was a breadwinner.
It is important to note that the law does not allow all family members to file a wrongful death claim. Usually, only spouses, children, or parents can do so.
Myths That Still Exist About Wrongful Death Litigation
Many loved ones shy away from wrongful death litigation because they don’t understand the process. The myths floating around on the internet also don’t help. The following are some of the most common myths people still believe.
- Wrongful Death Claims Always Go to Trial
There is a general belief that filing a wrongful death claim means attending a long trial. The reality is that most claims are settled out of court.
If you file a wrongful death claim, you will sit through negotiations between your lawyer and an insurance company. The insurance company represents the at-fault party.
The case will proceed to trial only if no settlement agreement is reached during this process. The goal of negotiations beforehand is to save on legal costs and time. Outside-of-court negotiations are also a lot less stressful for the family members bringing the wrongful death case.
- Filing a Wrongful Death Claim Is Too Expensive
Sometimes, family members are torn between getting justice for their loved one and not having money for a lawyer. This is because there is an ongoing misconception that all legal cases are expensive.
However, your lawyer will likely work on a contingency fee if you file a wrongful death claim. This means they will only get paid if you win the case. And the fee won’t come from your pocket. The lawyer will get a percentage of your settlement instead.
This payment arrangement makes it easier for grieving families to access legal services.
- You Must Act Immediately
Some family members forego a wrongful death claim because they believe they waited too long to act. In most cases, this is not true. Tennessee law provides a one-year statute of limitations for wrongful death cases.
The law also allows a set period to gather evidence after a fatal accident and consult with a lawyer.
Essentially, you have time to process your overwhelming grief and work on getting justice for your loved one. It is, however, very important to get legal advice as soon as possible. This will help ensure that you don’t miss the one-year deadline.
- Your Case Will Be Straightforward
Let’s get into the unfortunate, untrue myths now. Some people believe that wrongful death claims are straightforward. In truth, each case involves several legal details. There is evidence to be collected, witnesses to be interviewed, and documents to be reviewed.
Every detail can and will make a difference in a case like this. So, even if you seemingly have all the facts about how your loved one died, the legal work will stay complex.
For this reason, having a lawyer assist you with a wrongful death claim is crucial.
- You Are Guaranteed to Get Compensation
Unfortunately, this is also not true. There is a general misconception that wrongful death cases automatically mean a large settlement. There is simply no guarantee that you will even win the case.
The outcome of a wrongful death claim hinges on many different factors. For instance, you must have solid evidence to support your claim. The settlement will also depend on how severe the damages are and the circumstances of the accident.
That said, even if your case is very strong, there is no automatic guarantee of a large settlement. Every wrongful death claim is different, and so is each outcome.
What to Know About Tennessee Law
Now that you know the misconceptions, you must also know how the law works. As mentioned, you will have to file your claim within one year of your loved one’s death.
Know that the eventual settlement may be reduced if your loved one is found to have been partly to blame for the accident. This is according to Tennessee’s modified comparative negligence rules.
Your loved one may be assigned a percentage of blame, and the settlement will be reduced accordingly. If their percentage is more than 49%, you may not be able to file a claim.
Evidence That Will Build Your Case
Without proper evidence, your case will likely stall indefinitely. You need solid proof that the at-fault driver’s negligence led to your loved one’s death.
This means having a copy of the official police report, which includes a police officer’s observations. You will also need witness statements to support your claim.
Moreover, your loved one’s medical records will take center stage throughout the legal process. These records can prove their fatal injuries were caused by the accident.
Wrongful Death Claims Will Never Not Be Complex
With or without misconceptions, wrongful death claims and litigation will always be challenging. Hiring a reliable lawyer makes the process easier for yourself and your family, providing some relief from the stress of fighting for justice while you grieve your loved one.
