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Legal options after a loved one dies in a car accident

On Behalf of | Sep 28, 2023 | Wrongful Death |

In 2022, the Tennessee Department of Safety and Homeland Security reported 1,313 fatalities due to car accidents in the state. These deadly accidents can happen at any time, leaving a path of devastation for loved ones left behind.

When the accident was due to the negligence of another driver, you have options in how you handle the situation.

Insurance claims

After a fatal car accident, one of the first steps is often to file a claim with the insurance company. Depending on the circumstances, you may be eligible to file a claim against the at-fault driver’s insurance. If your loved one had their own auto insurance policy, it may also include coverage for accidents involving uninsured or underinsured drivers.

Wrongful death lawsuits

In many cases, especially when the accident resulted from another driver’s negligence or recklessness, you may have grounds to file a wrongful death lawsuit. This legal action seeks to hold the responsible party accountable for their actions and recover damages on behalf of the deceased person’s estate and surviving family members.

Criminal charges

In some cases, the at-fault driver may face criminal charges, such as vehicular manslaughter or reckless driving. Criminal charges are separate from civil lawsuits, and the prosecutor must bring these charges. However, a successful criminal prosecution can provide additional evidence to support your civil case.

Facing the aftermath of a loved one’s death in a car accident is a harrowing experience. Understanding your legal options can help you seek justice, hold those responsible accountable and provide financial support to cope with the resulting hardships.

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