Gatlinburg Wrongful Death Lawyer
The natural death of a friend or loved one is a traumatic experience. However, since the incident was expected, it’s usually not as jarring. A sudden and unexpected wrongful death is a lot different. Usually, survivors have a hard time moving on in these situations. It’s difficult to deal with the loss of financial and emotional support. These feelings are even worse if another person’s negligence caused the wrongful death.
Over the years, the experienced Gatlinburg wrongful death lawyers at Fox Farley Willis & Burnette, Attorneys at Law have developed proven methods that get results in these cases. These methods include old-fashioned values, like hard work, dedication to client, and open communication. The great ones practice the fundamentals, and that’s our focus. By paying attention to the things that matter most, we are able to obtain maximum compensation in these cases.
Beginning a Claim
During the darkest days of the coronavirus pandemic, the number of fatal vehicle collisions increased significantly. The approach our professional team uses in these cases mimics the approach we use in other types of wrongful death claims, such as fall and drug overdose injuries.
All successful claims start with solid evidence. In a vehicle collision claim, this evidence usually includes witness statements, the police accident report, and medical bills.
These sources of evidence aren’t always reliable in wrongful death claims. The police accident report is a good illustration. Usually, emergency responders depend heavily on the statements of the people involved when they write their reports. If the victim died in the accident, the police report obviously only contains one side of the story.
Electronic evidence, like a vehicle’s Event Data Recorder, supplements the evidence in a wrongful death claim. EDRs measure and record things like steering angle and vehicle speed. A Gatlinburg wrongful death lawyer, often working with an accident reconstruction professional, uses these bits of evidence to accurately reconstruct the crash.
It’s also important to use the right legal theory and correctly identify all responsible parties. Possible legal theories usually include ordinary negligence, which is basically a lack of reasonable care, and negligence per se, which is the violation of a safety law. Common vicarious liability theories include respondent superior employer liability and dram shop alcohol provider liability.
Resolving a Claim
Emotional courtroom showdowns usually benefit no one, especially in wrongful death claims. Therefore, our attorneys usually look to resolve such claims out of court. However, our commitment to maximum compensation remains. We don’t look for the easy way out.
Informal settlement negotiations often begin almost immediately in a wrongful death claim. If all the evidentiary and legal issues, some of which were outlined above, are crystal clear, the insurance company normally must settle the case within a few weeks. Since there are usually some questions in at least one area, and since insurance company lawyers are in no hurry to resolve anything, settlement negotiations often drag on.
At this point, attorneys usually file legal paperwork to jumpstart negotiations and pressure the insurance company into settlement.
If the case remains unresolved as the trial date approaches, most Sevier County judges refer these matters to mediation. A third-party mediator supervises negotiations and tries to engineer a settlement. Largely because both sides are anxious to avoid a trial, mediation is usually successful.
Reach Out to a Hard-Hitting Sevier County Lawyer
Injury victims are usually entitled to substantial compensation. For a free consultation with an experienced wrongful death lawyer in Gatlinburg, contact Fox Farley Willis & Burnette, Attorneys at Law by going online or calling 865-500-HURT. You have a limited amount of time to act.