Wrongful Death Claim Legal Services in Tennessee
Don’t try to recover compensation for the wrongful death of your loved one alone. Get a dedicated personal injury attorney in Tennessee to stand by your side when you retain a wrongful death lawyer from Meyers Injury Law. Our leading attorney, Chadwick Meyers, has been named to the Top 40 Under 40 by the National Trial Lawyers Association. At Meyers Injury Law, we are committed to your case and will fight to get the justice you and your loved ones deserve.
Losing a loved one due to another person’s negligence or wrongdoing is devastating. Such a loss is unexpected and could have been prevented. Wrongful death attorneys can help you seek justice for your loved one and provide support for the grieving family left behind. While no amount of compensation can replace your loved one, holding the responsible parties accountable can bring a sense of justice and financial support to help you through this difficult time. Contact us to learn more about filing a wrongful death claim in Tennessee.
What is Considered a Wrongful Death in Tennessee?
In all cities across Tennessee, wrongful death is legally defined as a death caused by injuries inflicted by another or the wrongful act of a person, entity, or corporation. This includes both accidental and intentional acts. In a wrongful death case, it must be proven that the defendant’s actions directly caused the decedent’s passing. For example, if a reckless driver caused a fatal accident, the decedent’s immediate family members can file a lawsuit against the at-fault driver.
Tennessee law allows immediate family members to file two types of wrongful death claims: wrongful death action and survival action.
- Wrongful death action seeks compensation for the decedent’s damages and injuries.
- Survival action allows surviving family members to recover damages they suffered as a result of their loved one’s death, including financial losses and emotional distress.
A wrongful death claim can be complex, involving various legal aspects and procedures. Consulting with an experienced wrongful death attorney can help you understand the best legal route to seek justice for the decedent and their family. Tennessee wrongful death attorneys can guide you through the process and explain how the claim works based on the specific facts and circumstances of your case.
What Are The Most Common Causes Of Wrongful Death?
As wrongful death describes any fatality caused by the negligence or wrongdoing of another person, corporation, or entity, there is a wide range of causes for such cases. The most common causes of wrongful death include the following:
- Auto, bicycle, or truck accidents: The impact of a collision with a motor vehicle or bicycle can be severe. It can cause immediate death or injuries that lead to death. The common reasons for a vehicle accident include distracted driving, driving under the influence of alcohol or drugs, or aggressive driving.
- Defective products: Using defective products is another common cause of wrongful death. In such cases, the manufacturer of the defective product can be held liable for the accident. Product liability is one of the reasons why manufacturers spend significant resources on product testing. Common examples of defective products include defective automobiles, unsafe products for children, contaminated pharmaceuticals, and toxic foods.
- Medical malpractice: Patients trust their lives to medical providers who have a duty of care to the patient. When this duty of care is neglected, it can lead to severe consequences for the patients, such as death. Common examples of medical malpractice include surgical errors, misdiagnoses, prescription drug errors, and emergency room errors. Mistakes can happen to anyone; however, if the death occurred due to following incorrect procedures or cutting corners, it could be sufficient grounds to file a wrongful death lawsuit.
- Workplace Accidents: Accidents at work, such as at construction sites, are a common cause of wrongful death cases. Certain occupations put workers at a higher risk of injury and death. This includes physically dangerous and mentally exhausting work. For example, if a worker has been forced to work an extremely long shift and ends up in a fatal car accident on their way home, their employers can be held liable for the death in a wrongful death lawsuit.
- Aviation accidents: Although these types of cases are less common, nevertheless, if you lost a loved one in an aviation accident, you can file a lawsuit against the manufacturer, maintenance staff, pilot, or other parties responsible for the aviation accident.
Who Can Sue for Wrongful Death in Tennessee?
Only certain family members can file a wrongful death lawsuit in Tennessee. These individuals must meet the state’s relationship requirements, which include:
- The surviving spouse
- The decedent’s children
- The next of kin
- The parents (if the deceased was a dependent)
- A representative of the decedent’s estate
A widow or widower has the legal right to file a wrongful death lawsuit, but they must meet specific conditions. They cannot have been legally separated from the decedent or have had their marriage end more than two years before the wrongful death occurred. Ex-spouses are not eligible to file a wrongful death claim in Tennessee.
In most cases, a wrongful death lawsuit must be filed within one year from the date of death. Many people mistakenly believe the deadline starts from the date of the accident, but it begins on the date the deceased was pronounced dead. It’s important to act quickly, as waiting too long can result in losing the right to recover damages. However, there may be exceptions under Tennessee law, so it’s best to consult a wrongful death attorney as soon as possible for legal guidance.
What Types of Damages Can Be Recovered in a Tennessee Wrongful Death Claim?
Eligible family members or representatives of the estate can seek both economic and non-economic damages, including:
- Burial and funeral expenses
- Pain and suffering
- Loss of enjoyment of life
- Loss of earning capacity
- Lost wages
- Loss of time
- Loss of companionship, society, and love
- Lost financial support for the victim’s survivors
- Punitive damages
- Other types of damages.
Punitive damages are not common as they require clear evidence that the defendant had acted intentionally or recklessly against the deceased. The evidence has to be clear for the judge to award punitive damages. Although it is challenging to get punitive damages, it does not mean you should not seek them. If you believe your loved one lost their life in circumstances that warrant punitive damages, don’t hesitate to ask your attorney.
Non-Economic Damage Caps in Tennessee Wrongful Death Cases
In Tennessee, non-economic damages for wrongful death or personal injury cases are capped at $750,000. However, if the case involves paralysis, amputation, severe burns, or the wrongful death of a parent of a minor or unborn viable fetus, the cap increases to $1 million. If you need more information on damage caps specific to your case, consulting a wrongful death lawyer is recommended.
Why Should You Hire a Tennessee Wrongful Death Lawyer?
The wrongful death attorneys at Meyers Injury Law can help you seek compensation for the intentional or accidental death of your loved one caused by another party’s negligence. Our lawyers have extensive experience handling wrongful death cases and can guide you through the legal process, ensuring you avoid common mistakes that could compromise your claim. Contact us today to discuss your case.
You are welcome to contact Meyers Injury Law for dedicated legal representation in your wrongful death case. We focus on personal injury and wrongful death claims, ensuring that every aspect of your case is thoroughly examined. Our attorneys will work to determine and prove liability, investigating the cause of your loved one’s passing and identifying the responsible party.
Our wrongful death lawyers will also gather crucial evidence to build a strong case and pursue full and fair compensation on your behalf. To discuss your legal options, schedule a free consultation by calling our office today.
At Meyers Injury Law, we are committed to securing compensation for families who have lost loved ones due to negligence. Every year, we recover millions for our clients, and we are prepared to do the same for you. Contact us today at (615) 258-9000.
