Attorneys For Families With Wrongful Death Claims
Wrongful death cases are emotionally charged. Grieving family members are not at their best and do not always make the best decision. This is where the lawyers of Bart Durham Injury Law, in Nashville, Tennessee, come in. We have gained a reputation for our compassion in dealing with clients who have suffered a personal loss and harbor aggression in holding the responsible party accountable for their negligence.
Tennessee’s Wrongful Death Laws
According to Tennessee law, a wrongful death occurs when injuries, a wrongful act, an omission, or a killing by another person lead to someone’s death. Even if there are criminal charges for homicide related to the death, a wrongful death lawsuit can still be filed.
In Tennessee, the family has one year from the date of their loved one’s death to file a case in court. If they don’t file within that year, the court will not hear their case, and they won’t be able to get compensation for their loss.
Potential Causes of a Wrongful Death in Tennessee
A wrongful death happens when someone dies because another person was careless or did something wrong. This can include car or truck accidents, mistakes by doctors, unsafe work conditions, or faulty products. Our attorneys have successfully handled wrongful death claims involving motor vehicle accidents of all kinds, from car wrecks to truck collisions. We have handled construction accident death claims and other workplace death claims. We have handled birth errors and other acts of medical negligence that resulted in fatalities. No matter what caused the loss of a loved one, our entire team will work hard to hold the negligent party accountable for what has been stolen from you and your family.
Who Can File a Wrongful Death Claim in Tennessee?
Tennessee law states that certain family members can file a wrongful death claim. The first person who can do this is the surviving spouse. If there is no surviving spouse, then the following people can file the lawsuit instead:
- Surviving children
- Surviving next of kin (closest family member)
- The personal representative or executor of the estate
- The parents of the deceased if the deceased was dependent on them at the time of death
If the personal representative files the wrongful death claim, any money recovered will go to the surviving family members.
Recoverable Damages Under Tennessee Wrongful Death Claims
The main type of damages recovered by a victim’s family during a wrongful death lawsuit is that of financial damages. Damages can be acquired for:
- loss of wages
- loss of services
- loss of inheritance
- loss of support
- funeral expenses
- medical expenses
- pain and suffering
Will You Have to Go to Court for Your Wrongful Death Case?
Not all wrongful death cases go to court. Most of the time, they are settled through agreements with insurance companies. These insurance companies could include auto insurance, homeowners’ insurance, or business insurance.
If the insurance company or the person at fault doesn’t offer a fair settlement, you might need to file a wrongful death lawsuit. Even then, it doesn’t always mean you will have to appear in court.
A jury trial will only happen if both sides can’t agree. If this happens, you may need to go to court, but it might take a few years for the trial to start.
Immediate Action To Get Justice For You And Your Family
Families mourning the loss of their loved ones are not just seeking compensation in the form of a wrongful death claim. They are seeking justice for the senseless loss. We are dedicated to both causes. The work at our firm begins immediately upon taking a case. A thorough and detailed investigation is conducted to find out the cause of the accident and the extent of the negligence. Experts are needed for their knowledge, insight and testimony.
At Bart Durham Injury Law, our lawyers are good at what they do. That does not just involve knowledge and experience. Positive client relations is paramount to our success and when they are dealing with a highly personal matter, such as a catastrophic injury that led to the death of a beloved family member, we work that much harder to secure the compensation for lost wages or pain and suffering. It could come through a settlement. It may come down to litigation.