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Pursuing wrongful death lawsuits could be challenging

| Jul 23, 2018 | Catastrophic Injuries & Wrongful Death |

Losing a loved one in a car accident is naturally a traumatic experience that causes not only emotional trauma but also financial hardship. An unanticipated death can ruin the financial security of any family. Every year, many wrongful death claims are filed in civil courts in Tennessee by surviving families of people who lost their lives in crashes caused by others who were negligent.

If a fatality in an automobile accident is caused by the negligence, carelessness, recklessness, willful misconduct or aggressive behavior of another party, those left behind might have grounds to file a wrongful death lawsuit. This often follows distracted, inexperienced or aggressive driving, impaired driving and failure to comply with road rules. Sometimes, the drivers who cause the accidents are not the owners of the vehicles, in which cases, the vehicle owners can also be held liable. Examples include a teenage driver crashing a parent’s car or a big-rig driver causing an accident in a company-owned truck.

If defects in tires or another vehicle part or poor maintenance of the road caused the crash, others might be named as defendants in a wrongful death lawsuit. However, building a strong case would first require proof of negligence. This in itself can be extremely challenging at a time when the surviving family members would rather grieve their loss.

This is a complicated field of the law, posing many hurdles and legal challenges. Fortunately, families are free to seek the support and guidance of an experienced Tennessee wrongful death attorney. A lawyer can assist with establishing negligence, and when the other elements required for a successful lawsuit are proved, the court can determine liability. Only then will it adjudicate documented claims for financial and emotional damages.