Tennessee Personal Injury Law: Wrongful Deaths
Mourning the death of a loved one is always a stressful and emotional process, and the situation can be especially complicated if the incident resulting in death was due to unreasonable negligence. Dependents of the deceased are entitled to certain compensation, but the process can be difficult to navigate.
Qualifications For Filing Under Wrongful Death
Whether or not a person is eligible to file a suit for wrongful death depends on the particulars of the case. If more than one person files, then the court will determine a single case to accept depending on legal representation. Individuals related to the decedent that qualify for wrongful death suits include:
- Husbands and wives;
Circumstance And Fault
In wrongful death cases, Tennessee courts will rule in favor of parties who have the most substantial amount of evidence. Having a lawyer is crucial for the process of investigating circumstance and fault in a wrongful death case, and individuals filing without legal representation are far less likely to succeed in litigation. There are several methods of providing proof in defense of a wrongful death case, and many of them are difficult to provide without the assistance of an experience attorney.
Contrary to most legal situations involving death, wrongful death cases are determined by legal legislation instead of the decedent’s will. Priority is given to spouse for full compensation. If children are involved, equal division between they and the spouse will be calculated. Other potentially qualified persons include parents, and even siblings in some cases.
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Categories Of Wrongful Death Charges
There are a variety of legal complexities relevant when determining appropriate damages in any given wrongful death suit. Tennessee legislation accommodates for the following categories of damages:
- Costs related to funeral arrangements;
- Relevant medical expenses;
- Pecuniary value of life;
- Suffering witnessed prior to a loved one’s death;
- Negative consequences on surviving decedents’ quality of life;
- Consequential financial instability for dependents.
Dates And Deadlines
Wrongful death lawsuits must be documented within a one-year timeframe following the incident that lead to an individual’s death. There is often confusion regarding when the window for wrongful death suits start – it is the date of the incident eventually resulting in death, rather than the date of the death itself that is designated as the start of the period. However, the quicker one files a claim, the higher chance of success he or she has in achieving a satisfactory resolution.
Legal Representation for Wrongful Death Cases
Wrongful death suits are serious claims and one should proceed with caution when filing on the grounds, in order to assure that all of the appropriate actions are pursued successfully. Without legal representation, one is at an enormous disadvantage and will very likely be granted less of a settlement than he or she would if the process had been engaged with the assistance of an attorney.
Contact our offices if you are involved in a wrongful death lawsuit or have questions about the specific legislation maintained by Tennessee that determines the qualifications and potential outcomes of such a case. Our team of lawyers has facilitated countless of wrongful death lawsuits, and has the resources, connections, and practical experience that are ideal for assuring the highest chance of securing a satisfactory resolution. Waiting too long to seek legal representation can sabotage your defense in any wrongful death related situation, so set up an initial consultation as soon as possible! The attorney assigned to your case will review your situation and provide you with all the information and advice you need to make an informed decision on the best course of action.