Have you lost a loved one due to another person’s negligent acts? Are you angry, frustrated, and confused? How could this happen? Why was the life of your loved one cut short because of a thoughtless or careless act of another person? You may be wondering how you will move forward.
The Knoxville wrongful death attorneys of Hodges, Doughty & Carson, PLLC want to help you seek justice for your loved one. You may have mixed emotions about filing a Tennessee wrongful death lawsuit. How can a monetary judgment replace what you have lost? Money will never bring back your loved one nor will it ease the pain and grief you are suffering. Unfortunately, the only remedy the law can offer in these situations is a monetary award to penalize the person at fault for the death of your loved one and compensate you for your loss.
We understand that you may have questions about the wrongful death laws in Tennessee. We encourage you to contact our office to schedule a free consultation with one of our experienced Knoxville wrongful death attorneys so that we can answer your questions in more detail. We will explain the process of filing a wrongful death lawsuit against the person liable for the death of your loved one.
Who has the right to file a wrongful death lawsuit in Tennessee?
Tennessee’s wrongful death statute specifies when and how a wrongful death lawsuit may be filed. It also explains who can file a wrongful death lawsuit. In most cases, the surviving spouse has the right to file a wrongful death lawsuit. The spouse typically has the first right to file a claim for wrongful death; however, this may not always be the case under certain circumstances.
If the deceased person was not married, the children of that person have the right to pursue an action for wrongful death. If the children are under the age of 18 at the time of the parent’s death, the court will appoint a guardian to file a wrongful death claim on their behalf. If the deceased person was not married and does not have children, his or her parents may have the right to pursue a wrongful death action for the loss of their child.
In some cases, the executor or personal representative of the decedent’s probate estate can file a wrongful death action on behalf of the estate for the benefit of the person’s heirs. Ultimately, the Tennessee wrongful death statute determines the individuals who have the legal right to file a wrongful death lawsuit and the priority given to certain individuals who may have the right to file a claim.
What types of damages are recoverable in a Tennessee wrongful death lawsuit?
Depending on the circumstances of your loved one’s death, the liable party may be facing criminal charges. A wrongful death lawsuit is a civil matter that is separate from the criminal charges. Even if the court finds that the party is innocent of any criminal wrongdoing, you may still have the right to pursue a wrongful death action.
In most cases, Tennessee’s wrongful death laws state that you can receive compensation for medical bills; funeral expenses; loss of anticipated earnings; and the loss of affection, love, support, companionship, and consortium. In some cases, you may also be entitled to receive punitive damages if the death was the result of an intentional act of malice or recklessness.
Our attorneys investigate the circumstances surrounding the death of your loved one to determine the damages you may be entitled to receive. We will not stop fighting to ensure that you receive the maximum compensation allowable under the wrongful death laws in Tennessee.
Common Causes of Wrongful Death in Tennessee
Tennessee wrongful death laws allow the family of a deceased person to receive compensation from the person or party who caused the death of their loved one. A wrongful death lawsuit can arise in a variety of situations; however, the most common causes of a wrongful death include:
- Automobile accidents
- Motorcycle crashes
- Commercial truck, semi-truck, or other large truck accidents
- Defective products
- Premises liability or slip and falls
- Workplace injuries
- Defective drugs
As with any personal injury case, you must prove certain elements in order to prevail in a wrongful death action. You must prove that the death of your loved one was caused by the intentional act or negligence of another person and you have suffered damages as a result of the loss of your loved one. The elements of a wrongful death lawsuit are complex; therefore, you need an attorney with extensive experience handling this type of personal injury case.
You Must Act Quickly
The Tennessee statute of limitations requires that a wrongful death lawsuit be filed within one year from the date of death or the claim is barred. It is important that you act quickly in order to protect your right to seek justice for your loved one.
Compassionate and Strong Advocates for Families Who Have Lost a Loved One
The Knoxville wrongful death lawyers of Hodges, Doughty & Carson, PLLC understand that wrongful death lawsuits are extremely emotional. We provide support, guidance, and legal counsel to families who have suffered a great personal loss. We want to help you seek justice for the senseless act that claimed the life of your loved one. Our attorneys have the resources, skill, experience, and knowledge to handle even the most complex and complicated wrongful death claims.
Use our online contact page or call 865-292-2307 to schedule a free consultation with one of our attorneys to discuss how we can help seek justice for your loved one, yourself, and your family.