CAN I SUE IF MY LOVED ONE WAS KILLED IN A BIKE ACCIDENT?
Aug. 28, 2019
If your loved one was killed in a motorcycle or bike accident, let us start by offering our sincerest condolences. There’s nothing easy about losing someone close to you, especially if you know their accident could have been avoided. A big part of our mission here at the Law Office of Joshua S. Reed is to help surviving family members get not only financial compensation, but also some form of justice on behalf of the person they lost.
What Is Wrongful Death?
In law, “wrongful death” is the term given to situations in which someone lost their life under circumstances that could have been avoided. For instance, each of the following scenarios is an example of wrongful death (assuming the victim lost their life):
A reckless driver speeds through an intersection and hits a pedestrian who was using the crosswalk correctly.
A drunk driver hits a bicyclist who was cycling on the shoulder of the road.
A distracted driver hits a motorcyclist on the highway.
As far as Tennessee law is concerned, it doesn’t matter whether the driver involved was being reckless, careless, or deliberately harmful — if their actions caused your loved one to lose their life, that driver can be held legally and financially responsible. Likewise, whether your loved one died on the scene or later as a result of their injuries, you still have a valid claim to wrongful death.
How Do I Sue the Other Driver?
At this point, you may be thinking, “Alright, so I need to sue the driver who caused the accident. How do I do that?” The short answer to this question is that you’ll start by filing a wrongful death claim. The longer answer is that this process is going to be much simpler and much more likely to succeed if you have an experienced wrongful death attorney guiding your case.
At the Law Office of Joshua S. Reed, we want to give you all the facts without overwhelming you with a lot of complex legal jargon. Here are the most important things you need to understand before filing a wrongful death claim in Tennessee:
Whether you can file: In Tennessee, surviving spouses are given the first right to file a wrongful death claim on behalf of the person who lost their life. If there is no surviving spouse, that right passes on to other family members and finally to the administrator of the deceased’s estate.
How much time you have to file: The time limit (or “statute of limitations”) to file a wrongful death claim in Tennessee is one year. In other words, you have one year following your loved one’s death to begin the claims process.
Why you should call a lawyer: It may not be your first instinct, but calling a lawyer is actually going to save you a lot of time and stress and dramatically increase your chances of claiming a bigger settlement from the insurance company. Best of all, our law firm offers free consultations so you can get the answers you need without having to worry about adding more expenses to your plate.
Don’t make this already difficult time any harder on yourself than it needs to be. Call our law office to set up a free, informative consultation. We’d be more than happy to walk you through your legal options and help you determine your next steps.
Motorcycle Accident & Wrongful Death Attorney Serving Knoxville & Farragut, Tennessee
When it comes to wrongful death cases, any amount of compensation offered by the insurance company is going to feel like an unfair deal. After all, no amount of money can make up for the loss you’ve endured. Unfortunately, insurance companies are just that: companies. They know that, with the National Highway Traffic Safety Administration reporting more than 5,000 motorcycle-related deaths each year, they need to try and pay their clients as little as possible in order to meet their bottom line.
Here at the Law Office of Joshua S. Reed, our mission is the exact opposite. When you decide to work with us, we’ll do everything in our power to help you get the biggest settlement possible. Even more importantly, we’ll treat you with the utmost respect and understanding. So please, don’t wait to get the legal guidance you need. If you’re thinking of filing a claim for wrongful death or a personal injury in the Knoxville or Farragut area, let us help. Reach out today to schedule a free consultation with an experienced local attorney.