If someone is killed or dies as a result of a legal fault, misconduct or negligence of another person, the survivors should seek compensation for “wrongful death”. Wrongful death claims are aimed at compensating the survivors for losses such as lost companion, lost income, medication bills and funeral expenses. Although there are many causes of wrongful deaths today, most of them are connected to truck accidents. The survivors seeking compensation for the wrongful death of their loved one involved in a truck accident should hire competent wrongful death lawyers to:
Write a Spoliation Letter
The lawyers should send a spoliation letter to the trucking company involved soonest possible. The letter notifies the trucking company that one of their trucks was involved a fatal accident that left an accident victim dead. It makes the truck company aware that the survivors of the accident victim would take a legal action against it for the loss incurred. In most states, the spoliation letters that the Nashville injury lawyers write warns the trucking company against alteration or concealment of evidence.
Gather Evidence to Prove Fault
Proving fault is not easy without concrete evidence. The lawyers gather evidence from reliable sources to prove that the truck company was at fault and that the punitive damages claim is legitimate. Most wrongful death lawyers gather evidence from the witnesses at the accident scene, truck driver’s recorded interviews and also from the management of the trucking company. The lawyers could also gather evidence from corporate documents and review them using a fine-tooth comb.
Send the Insurer a Settlement Demand Letter
If the gathered evidence is enough to prove fault and support the claim, the lawyers will send a settlement letter to the truck company’s insurer. The letter usually contains substantial evidence proving that the truck company was responsible for the fault. It also sheds more information concerning the accident victim and the established losses and injuries the victim suffered. Finally, the Nashville injury attorneys highlight a monetary settlement indicating a specified amount of money the insurer should pay to settle the claim.
Negotiate Accident Claims
The lawyers involved in negotiating an accident claim are required to know and understand the law, as well as the opponent. Besides, the lawyers should be certain that the gathered evidence would prove fault and support the million-dollar compensation those surviving the accident victim are seeking. In preparation for negotiation, the Nashville injury lawyer looks for expert witnesses such as the medical professionals, animators, and the accident reconstruction specialists. If the trucking company is unable or unwilling to meet the specified settlement demand, the lawyer can use these witnesses to prove the lawsuit in court before a jury.
Represent Them at the Trial Chamber
If the trucking company fails to compensate the demanded losses and injuries through other friendlier options, the court will be the last resort. The wrongful death lawyers will prepare the case for trial expecting the jury to order compensation from the trucking company. Since most trucking lawsuits are lost or won based on the testimonies of expert witnesses, the lawyer will anticipate any argument from the defense team and offer it a bullet-proof response.
Any wrongful death lawsuit does not guarantee the survivors compensation if they don’t involve competent lawyers. Wrongful death compensations are always hefty and the defendant’s insurers are not always willing to meet them. For this reason, involve lawyers experienced in wrongful deaths from the initial stages.