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Archive for the ‘Wrongful Death’ Category
Wednesday, February 20th, 2013
Because our Tennessee personal injury attorneys devote a substantial portion of our practice to tractor-trailer accidents and motorcycle crashes, we understand that these types of collisions can easily cause permanent debilitating injuries and wrongful death. This blog post is the second part of our review of key facts that those who lose a loved one in one of these extremely serious types of accidents should know about Tennessee wrongful death lawsuits.
What are the deadlines for pursuing a wrongful death lawsuit in Tennessee?
When a trucking collision or motorcycle accident causes death immediately, the statute of limitations for initiating a lawsuit is one year from the time of the accident resulting in injury. The situation can be more complicated when injuries suffered in a bike or truck accident do not result in death until a period of time has elapsed. In these situations, our law firm typically files a personal injury action within a year of the collision and amends the complaint to include a wrongful death claim if the personal injury plaintiff subsequently passes away from his or her injuries.
How are the damages recovered in a wrongful death action in Tennessee disbursed among family members?
As a general rule, the proceeds for damages covering the period from injury to death are distributed to the estate of the decedent. If the wrongful death victim had a will, these damages are paid to the parties designated in the will. If there is no will, the funds are distributed based on intestacy law to the decedent’s heirs. The estate may need to reimburse certain expenses. If a family member or other person has covered the costs of funeral/burial expenses, this person is reimbursed. Medical insurance companies or the government may also have a right to financial reimbursement for the costs of medical treatment paid out.
Are trucking accidents really more likely to result in wrongful death?
Approximate one in eight trucking accidents results in fatal injuries with the vehicle occupant who dies being an occupant of the other vehicle 98 percent of the time. Trucking accidents account for 5,000 deaths per year.
How common are fatal motorcycle accidents?
The fatality rate for motorcycle accidents increased by 55 percent during a recent eight year period according to the Centers for Disease Control and Prevention (CDC). The risk of suffering fatal injuries in a motorcycle collision is 35 times greater than that facing the occupant of a passenger vehicle involved in a car accident based on data from the National Highway Traffic Safety Administration (NHTSA).
The Tennessee wrongful death attorneys at The Nahon Firm understand the unique risks associated with motorcycle crashes and tractor-trailer accidents. At the Nahon Firm PLC, our Nashville wrongful death lawyers are committed to assisting victims whose lives are taken by the irresponsible acts of others and their families in seeking justice and fair compensation. If someone close to you has died in a Nashville collision, we invite you to contact us at 615-324-2000 to schedule your free consultation.
Tags: Nashville trucking accident lawyer
Posted in Fatal Truck Accidents, Motorcycle Accidents, Truck Accidents, Wrongful Death | Comments Off
Tuesday, February 19th, 2013
Commercial trucking collisions and motorcycle accidents have higher fatality rates than motor vehicle accidents involving passenger vehicles. The risks are different in these types of cases because of the mass and weight of big-rigs and the lack of protection available to motorcyclists. When someone dies in a tractor-trailer crash or motorcycle accident, the impact on surviving family members can be devastating emotionally and financially. Our Nashville wrongful death law firm is committed to fighting for justice for those who die because of the negligence of a third party while seeking compensation for loved ones left behind. We have provided key information that all family members should know about wrongful death claims in Nashville:
What is a wrongful death legal claim under Tennessee law?
Wrongful death lawsuits are intended to compensate victims who die because of the negligent, reckless or intentional act of a third party. These legal actions may arise out of construction accidents, motor vehicle accidents, medical malpractice, acts of violence and any other type of conduct by one person or entity that claims the life of another. Motor vehicle accidents are the most common basis of wrongful death claims in Nashville and throughout Tennessee. Both motorcycle accidents and trucking accidents have a higher fatality rate than collisions involving cars and/or SUVs based on the number of each type of registered vehicle and miles driven.
What financial compensation may be awarded in a wrongful death lawsuit in Tennessee?
The types of damages available in a wrongful death lawsuit include: medical and hospital expenses, lost income from accident to death, pecuniary value of life, impairment of enjoyment of life from accident to death, costs associated with funeral/burial, pain and suffering from the accident until death. The pecuniary value of life refers to future lost earnings reduced to present value less the living expenses that would have been necessary to provide for oneself during the decedent’s career. A spouse may recover for loss of society, affection and comfort of a spouse while surviving children may recover for loss of guidance, love and affection of a parent.
What family member may initiate a wrongful death lawsuit?
Married Couples: Spouse
Single Adult: Adult children or parents if there are no adult children
Single Minor: Parents (if the parents are divorced there are special rules)
No Surviving Spouse, Parents or Children: Sibling
In addition to the party designated above, the administrator or executor of the estate may also bring a wrongful death action. There are also exceptions to the general rules above so you should consult with an experienced Nashville wrongful death attorney if you are considering filing a wrongful death lawsuit.
The Tennessee wrongful death attorneys at The Nahon Firm understand the unique risks associated with motorcycle crashes and tractor-trailer accidents. At the Nahon Firm PLC, our Nashville wrongful death lawyers are committed to assisting victims whose lives are taken by the irresponsible acts of others and their families in seeking justice and fair compensation. If someone close to you has died in a Nashville collision, we invite you to contact us at 615-324-2000 to schedule your free consultation.
Tags: Nashville trucking accident lawyer
Posted in Motorcycle Accidents, Truck Accidents, Wrongful Death | Comments Off
Tuesday, September 18th, 2012
Motorists in any busy metro area like Nashville are used to sharing the roads with large commercial trucks that run the interstates around the clock, seven days per week. Tractor-trailers are vital to the economy, bringing goods and services in and out Nashville every day. Without the efforts of the dedicated people in that industry, commerce would grind to a halt. The majority of drivers are committed to safety and they log millions of miles without incident.
But an unfortunate reality of so many vehicles on the road is the number of serious accidents involving them. According to the American Trucking Association, about 5,000 people die every year in America in truck accidents. Despite awareness, training, and compliance, accidents happen and people suffer fatal injuries. The results leave families distressed not just by the loss of someone close, but by the sudden loss of income too. An experienced truck accident lawyer can represent those who are impacted by a fatal accident, and win compensation for their losses.
Because of industry regulations and the multiple lines of liability that are sometimes part of a truck-related accident, these cases get complicated. At the Nahon Firm, our lawyers will determine what parties are liable in your case and then fight to collect compensation for the loss you and your family have suffered. With one of our lawyers representing your best interests, you’re able to spend more time with family instead of haggling with insurance adjusters or inside a court room.
Fatal commercial truck accidents can be caused by several different things. One of the main safety problems for the industry is driver fatigue. Truckers work very long, irregular hours and operate under the constant pressure of dispatchers and delivery deadlines. A tired driver – like any motorist – is more prone to a mistake in judgment. Truckers are required to keep a log of their hours and keep their commercial vehicles current on maintenance, permits, and safety inspections.
Hazardous weather and out-of-serve traffic signals can also be at the cause of a big rig wreck. Additionally, roads or bridges that fall into disrepair can buckle or even collapse under the weight of an 80,000 pound commercial truck.
Working out of offices in Nashville, we’ve been representing truck accident claims for over 30 years. We treat our clients with respect and work hard to represent their rights. If you have questions about a trucking-related accident, call our offices in Nashville at 615-324-2000.
Tags: Nashville truck accident lawyer
Posted in Truck Accidents, Wrongful Death | Comments Off
Thursday, May 10th, 2012
While motor vehicle accidents of all types result in tens of thousands of fatalities per year, motorcyclists face a higher risk of being a victim of wrongful death than the operator of any other motor vehicle. Despite a recent report that found that motor vehicle fatalities were declining, motorcycle accident wrongful death rates have not shown comparable improvement. While just over 13 of every 100,000 registered passenger vehicles is involved in a fatal accident, registered motorcycles are 5.5 times more likely to be involved in a fatal motorcycle accident. A study conducted by the National Highway Traffic Safety Administration found that a motorcyclist was 35 times more likely to suffer fatal injuries in a collision than a driver of a passenger vehicle on a per mile basis.
When a negligent driver of a car, truck or SUV causes a fatal motorcycle accident, the family of the rider may have the right to pursue a Tennessee wrongful death claim. A wrongful death claim provides compensation to someone who dies as a consequence of a negligent, reckless or intentional act because the right to legal compensation survives the death of the motorcycle accident victim. Tennessee wrongful death claims are actually comprised of two separate types of claims with the type described above being referred to as a “survival action.” The survival claim provides compensation to the estate of the decedent, such as medical expenses, pain and suffering (if death was not instantaneous), burial and/or funeral expenses and lost income.
The other type of claim in a fatal Tennessee motorcycle accident case is called a wrongful death claim. A wrongful death claim is designed to compensate the immediate family member of a motorcycle accident wrongful death victim for the family member’s own losses. These may include loss of financial support, lack of guidance, emotional distress, loss of companionship of a spouse and other damages depending on the specific facts of your case.
Motorcycle accidents in Nashville and throughout Tennessee frequently give rise to wrongful death actions because of a lack of protection and a relatively lighter vehicle. When motorcyclists do not wear helmets to reduce the risk of head injuries, the risk of suffering fatal head injuries in a Tennessee motorcycle accident is extremely high. If you lose a loved one in a fatal Tennessee motorcycle accident, our experienced Tennessee wrongful death motorcycle accident attorneys may be able to pursue a wrongful death claim. At the Nahon Firm, PLC, we will fight to help you win your motorcycle accident case. We treat our clients with the utmost compassion and respect. Call us today and speak with a Nashville motorcycle accident attorney to discuss the details of your case at (615) 324-2000.
Tags: Nashville motorcycle accident attorney
Posted in Motorcycle Accidents, Wrongful Death | Comments Off
Monday, September 13th, 2010
A Nashville, TN woman was struck by a motor vehicle over the weekend while she was walking on Bell Road. Carrie Holmes, 22, was walking north bound on Bell Road when she was involved in a car to pedestrian accident at 7:45 p.m. Sept. 6, 2010. Ms. Holmes was walking near her apartment complex when the car accident occurred. Metro police said that Ms. Holmes died from her injuries on Saturday due to the severe injuries she sustained. She was admitted to Vanderbilt University Medical Center, where she later passed. A passenger that was riding in the hit-and-run vehicle returned to the scene and reported to Nashville law enforcement that he had told the driver to stop but the driver refused. The passenger also told the accident scene investigators that both he and the driver had been drinking alcohol prior to the pedestrian related car accident.
The following day, the alleged hit-and-run driver contacted police stating that he had heard news reports that a woman had been struck in the area where he had been driving. Investigators are still working the case, police said.
If you witnessed the accident or have information that could help police investigators please contact the Nashville Metro police.
This year, there will be approximately 5,000 pedestrians that will be killed by a negligent driver, and another 70,000 will be injured. Despite strict Tennessee pedestrian laws to protect pedestrians (such as automatic right-of-way if they are crossing the street using a crosswalk), there is still a significant risk of being struck by a car, truck, motorcycle or bicycle in the Nashville area. The Nashville pedestrian accident attorneys at The Nahon Firm, PLC help injured victims and their families throughout the Nashville, Tennessee area obtain the compensation they need to fully recover from their accidents. Our Tennessee hit and run accident attorneys help injured victims make sense of the complex liability issues surrounding these kinds of accidents. Call The Nahon Firm, PLC if you or a loved one was severely injured or killed due to a negligent or drunk driver.
For more information on how to better protect your children from traffic accidents, click here to visit SafeKids.org.
Tags: Nashville pedestrian accident attorneys, Tennessee pedestrian laws
Posted in Pedestrian Accidents, Wrongful Death | Comments Off
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