We Will Guide You and Manage Your Wrongful Death Claim in Tennessee
Experiencing the loss of a loved one due to another person’s wrongful actions brings forth an indescribable sorrow. The combination of grief, anger, confusion, and distress complicates the mourning process for family members, and it also creates an uncertain financial future. If a family has suffered the tragic loss of a loved one due to negligence or reckless behavior, it may be appropriate to seek justice by pursuing a wrongful death claim. An experienced wrongful death lawyer at Tennessee Injury Attorneys can help you effectively navigate this difficult time to seek a sense of justice for the loved one you have lost while seeking appropriate financial compensation accounting for the financial contributions, security, and familial support they are no longer able to provide due to someone else’s carelessness.
Unlike other personal injury cases, a wrongful death claim is filed on behalf of the family or the estate of the deceased, rather than by the victim themselves. The damages sought in such a claim encompass more than pain and suffering or mental distress of an experienced injury, which often dissipate upon the victim’s passing. Instead, the family can pursue compensation for the loss of emotional support, lost wages, medical expenses, funeral and burial expenses, and medical bills incurred due to the fatal accident before the person’s death occurred, — as applicable to the details of a given case.
To find a compassionate, dedicated, and skilled wrongful death lawyer in Tennessee, look no further than Tennessee Injury Attorneys. Our firm consists of knowledgeable and experienced Tennessee wrongful death attorneys who are ready to advocate for your family’s rights. We will develop a tailored strategy to help secure a maximum recovery and ensure your family’s future, whether through negotiation or litigation.
Contact us today at Tennessee Injury Attorneys to schedule a free consultation. Providing individualized attention, we will assess the details of your unique case and devise a plan to move forward with pursuing a wrongful death claim that accounts for the range of damages applicable to these tragic circumstances.
Who Can File a Claim to Seek Compensation Following a Wrongful Death in Tennessee
Tennessee law stipulates that only certain family members can file a wrongful death claim. The hierarchy of claimants is as follows:
- The Surviving Spouse: Initially, the right to file a wrongful death claim belongs to the person who was legally married to the deceased at the time of death.
- Children or Next of Kin: If there is no surviving spouse, the right to file a claim passes to the deceased’s children or next of kin.
- Parents: If the deceased has no surviving spouse or children, the claim can be filed by the deceased’s natural parents — particularly if the deceased was a dependent at the time of death.
- Adoptive Parents: If applicable, the deceased’s legally adoptive parent(s) could file a wrongful death claim.
- Administrator of the Estate: In the absence of a surviving spouse, children, or parents, the administrator of the deceased’s estate may file the wrongful death claim. If nominated in the deceased’s will, this person may be called the Executor. These positions are all also sometimes referred to as the “personal representative” in estate matters.
Note that Tennessee law sets a statute of limitations for filing a wrongful death suit. Family members typically have one year from the date of their loved one’s death to file a wrongful death lawsuit, although there might be exceptions in specific, narrow circumstances.
Contact our office today to schedule a consultation, when we will discuss your case so our wrongful death lawyers can begin working to file a wrongful death lawsuit on your behalf.
Common Wrongful Death Scenarios in Tennessee
Wrongful death accident case scenarios in Tennessee often involve common characteristics. Various circumstances can lead to a wrongful death case, and these often share important factors with different categories of personal injury cases that would have been applicable had the decedent survived.
Fatal Car Accidents Commonly Lead to Wrongful Death Claims
Fatal car accidents can occur due to a variety of factors such as reckless driving, drunk driving, or mechanical failure. These can lead to wrongful death claims if another party’s negligence caused the accident. Our personal injury lawyers at Tennessee Injury Attorneys are prepared to guide and assist you through all of the phases of a car accident case involving a negligent driver and wrongful death victims.
Wrongful Death Claims Following Motorcycle, Bicycle, and Pedestrian Accidents
Due to their vulnerability on the road, motorcyclists, bicyclists, and pedestrians often suffer severe injuries in accidents — which can lead to fatal outcomes. Negligent motorists are often at fault in these cases. Different types of motor vehicle accidents can bring various factors into play, often adding to the complexity of wrongful death lawsuits.
Deadly Commercial Vehicle Accidents
Accidents involving commercial vehicles like trucks and buses can be particularly devastating due to their size and weight. These accidents can be caused by driver fatigue, inadequate training, or poor vehicle maintenance. These can often lead to fatal consequences, and because these can often be more complex than passenger car accident cases or cases involving other types of motor vehicle accidents, they can often include more than one negligent party. We are prepared to guide you through the legal process while seeking to recover compensation for your loved one’s loss.
Wrongful Death Due To Medical Malpractice
This involves cases where healthcare professionals fail to provide an acceptable standard of care, leading to patient death. Examples include surgical errors, dosage mistakes, and birth injuries.
Deaths Caused By Defective Products
Manufacturers can be held responsible for wrongful deaths caused by defective products. This can include everything from faulty vehicle parts to unsafe pharmaceutical drugs. We can discuss your legal options to bring a wrongful death claim in response to a death caused by a defective product.
Fatal Workplace Accidents
Certain jobs carry higher risks, and negligence on the part of the employer or co-workers can lead to fatal accidents. This is common in dangerous industries such as construction, manufacturing, and agriculture. We will thoroughly investigate the events surrounding a fatal accident at work.
Premises Liability Wrongful Death Cases
Property owners can be held liable for wrongful deaths that occur on their property due to unsafe conditions, such as slip and fall accidents or inadequate security measures.
Wrongful Death Cases Involving Criminal or Intentional Acts
Wrongful death cases are civil lawsuits for pursuing compensation for the death of a loved one following a negligent or intentional act. Many such acts can also involve crimes, such as drunk driving or assault and battery. It is important to understand that civil claims are entirely separate from a criminal case, which pursues a criminal conviction for an illegal and wrongful act.
Surviving spouses and family members often seek wrongful death compensation in pursuit of a sense of justice in addition to the financial element, and wrongful death attorneys can also monitor a criminal case while they bring a wrongful death lawsuit in civil court. In some cases, punitive damages can be awarded in the civil case if the behavior was particularly egregious.
The key element in wrongful death cases is proving that the death was directly caused by another party’s negligent or intentional actions. You should speak with an experienced Tennessee wrongful death lawyer immediately following an accidental death to determine whether negligent behavior involved in the events leading up to your loved one’s death could support a valid wrongful death case.
Proving Fault in a Tennessee Wrongful Death Case
In Tennessee, the concept of modified comparative negligence applies wherein the estate representative or surviving family members can pursue legal action even if the deceased family member shares partial fault. However, any awarded damages will be reduced based on the percentage of fault attributed to the decedent.
An experienced wrongful death attorney can assess the case’s worth in situations where your deceased loved one’s negligence may have contributed to causing their fatal accident.
Types of Damages in a Tennessee Wrongful Death Case
In Tennessee, the damages you can seek in a wrongful death claim can include both those damages the deceased could have sought in a personal injury case had they survived and those damages that are due to the loss of that family member. Some of these damages are more intangible, making them more subjective in value. Your wrongful death lawyer will be able to advise you regarding the appropriate claims for these non-economic damages.
Wrongful Death Damages the Deceased Could Have Claimed Had They Survived
These damages pertain to losses your loved one would have been able to pursue in a personal injury claim if they had survived:
- Funeral expenses
- Medical expenses
- Lost wages
- Compensation for the pain and suffering endured by the deceased before their passing
Wrongful Death Damages Associated with the Family’s Loss of their Loved One
These damages represent how the loss of your loved one affects their family:
- Loss of potential future earnings
- Loss of employment and retirement benefits
- Loss of inheritance
- Loss of care, protection, and guidance
- Loss of companionship and affection
- Loss of marital benefits (consortium)
You will work closely with your Tennessee wrongful death lawyer to identify the appropriate damages for your wrongful death claim.
Tennessee’s Statute of Limitations on Wrongful Death Claims is Only One Year
Tennessee only allows you to file your wrongful death lawsuit within one year of the deceased’s death. This is a very strict deadline, as compared with other states. To prevent the expiration of the statute of limitations, file an actual lawsuit with the appropriate court clerk to protect your family’s legal rights.
You should be working with a qualified wrongful death attorney at an earlier stage to properly research and prepare for the filing well before the one-year deadline.
Quickly Pursuing Consultation With a Tennessee Wrongful Death Attorney Can Provide You an Organized Strategy To Effectively File Your Wrongful Death Claim On Time
Seeking a consultation with a wrongful death attorney will provide valuable guidance for the family in the aftermath of this tragic event. Gather and preserve necessary documents, inspect and photograph physical conditions before they change, and follow up with all identified witnesses to record their accounts while memories remain clear and reliable. Taking action on your loved one’s behalf in these various ways can also assist with the healing process after a wrongful death occurs.
How Tennessee Injury Attorneys can Help You with a Wrongful Death Claim — What To Expect
When clients reach out to Tennessee Injury Attorneys for a complimentary consultation with a wrongful death lawyer, they will undergo an interview to assess the validity of their claim. This procedure includes examining evidence, reviewing medical records, and potentially conducting a brief investigation to locate those responsible and assess their financial assets, such as their insurance coverage.
Once a case is accepted and a retainer agreement is prepared and signed, our wrongful death lawyers will reach out to insurance carriers — if applicable — to assess whether negotiation or litigation would be the right approach for you and your family. Remember that the objective of a wrongful death lawsuit is to restore financial stability for you and your family.
Initiating a Wrongful Death Lawsuit in Tennessee
Tennessee Injury Attorneys will initiate a legal action on your behalf if the insurance carrier has failed to propose a suitable settlement prior to the litigation phase. This can happen if they underestimated their liability and the related losses you and your family have suffered. We would then proceed to demonstrate the appropriate compensation for the full scope of the damages in your case, drawing upon the evidence we will have collected and prepared. A more appropriate settlement may be reached before or during litigation.
Our aim is to maximize your recovery in the shortest possible time frame. However, not all cases can be resolved without a trial. Particularly complex wrongful death cases, often involving multiple defendants, may require a trial by a jury. Your wrongful death lawyer will guide you and other surviving family members through every step during the litigation process if it is applicable to your case. As each case is different, we urge you to contact a wrongful death lawyer at our law firm to assess your legal options following a death caused by negligent behavior in Tennessee.
Contact Tennessee Injury Attorneys Today to Schedule a Free Consultation and Plan a Strategy for a Wrongful Death Claim Following The Death of a Loved One
We understand the unexpected death of a loved one can lead to deep difficulties, heartache, and unanswered questions among the survivors. When a death is caused by another person’s carelessness, there are many reasons it is important to enlist the help and guidance of an experienced wrongful death attorney.
Not only can you seek a form of justice for your loved one in this way, but you can also seek to cover funeral expenses and medical bills in addition to pursuing financial resources that can help you and your family in your loved one’s absence. Wrongful death lawsuits serve many purposes, and several factors make them more complex than a regular personal injury claim not involving a person’s death. The reasons for these complexities become clearer in the aftermath of a fatal accident. We can handle the legalities on your behalf during this difficult time while you focus on your family’s coping and other responsibilities.
Call us today at Tennessee Injury Attorneys to schedule a free consultation by phone, or fill out our online form so we can reach out to you and discuss the details surrounding the tragic and unexpected death of your loved one. Our law firm emphasizes personalized attention and compassion for our clients in each case. Our wrongful death lawyers will work closely with you to begin planning a strategy to seek significant financial compensation for your loss — Hablamos español.
Your Advocate: Fighting to Secure Your Financial Recovery