When you lose a loved one, it’s extremely painful, regardless of the circumstances. When your loved one is taken from you as a result of someone else’s negligence or intentional action, the grieving process can be even worse. In many cases, these difficult emotions are exacerbated by compounding financial implications that can make healing seem impossible. We know that no amount of legal action or compensation can bring back your loved one, but legal options intended to ease the financial strain of unexpected loss may be available to you. You shouldn’t be forced to put the grief for your lost loved one on the back burner because of unexpected and overwhelming financial obligations. A wrongful death claim may be an option to alleviate some of this financial hardship so that you and your family can focus on the important things. On this page, we’ll discuss the ins and outs of filing a wrongful death claim in Tennessee.
Let our wrongful death lawyers in Tennessee help you begin to heal by scheduling a free initial consultation today. You can schedule your free consultation today by calling 1-865-458-4301 or by filling out our convenient and confidential online form here.
Types of Wrongful Death Cases
Wrongful death actions are filed against a negligent or intentionally harmful defendant who has caused another person’s untimely death. It permits the family of the victim to file a lawsuit against the responsible parties to seek legal compensation in order to recover from the financial and emotional damages that directly resulted from the negligent or intentional actions of the defendant. Tenn. Code § 20-5-106 (2021).
Many types of incidents can be the basis of a wrongful death claim, including negligence-based accidents, such as semi-truck accidents, medical malpractice, or intentional behavior that results in death. Some common causes of wrongful death include:
- Accidents and injuries – When negligence in any form results in an accident that causes the death of another, a wrongful death lawsuit may be filed. Some examples of accidents and injuries that may lead to a wrongful death claim include car accidents, 18-wheeler accidents, work-related incidents, and assault and battery.
- Medical malpractice – When a medical professional or entity causes the death of another, a wrongful death claim may result. Some examples of medical malpractice that leads to wrongful death include surgical errors, dosage mistakes, and birth injuries.
- Defective drugs – When a pharmaceutical company does not provide sufficient warnings to the FDA and consumers about the potentially harmful effects of a drug, it may cause death, making the company liable for civil damages.
- Defective products – When manufacturers fail to uphold their duty to keep the public safe by introducing faulty products, they may be liable for any damages sustained. This happens when a manufacturer fails to identify dangers, present adequate warnings, or report defects in their products.
Every case is unique, so ensure that you speak with our knowledgeable Tennessee wrongful death lawyers to understand your potential legal options.
Wrongful Death Settlements
Loved ones may have suffered extensive losses due to the unexpected death of their family member. In this case, several types of legal remedies may be available, including economic, non-economic, and possibly punitive damages. Some examples of potential damages available in wrongful death claims include:
- Funeral and burial expenses
- Medical expenses related to the deceased’s final injury
- Loss or reduction in expected inheritance
- Lost income, including the potential income and benefits the deceased would have earned, had he/she survived
- Pain and suffering that the deceased experienced from the time of the injury until death
- Loss of love, companionship, care, counsel, affection, comfort, and protection
- Other related losses due to the wrongful death
Depending on your specific circumstances, additional legal damages may be available in your case. It’s important to discuss the specific facts of your case with an experienced wrongful death lawyer.
Frequently Asked Questions About Wrongful Death Lawsuits
Frequently Asked Questions About Wrongful Death Lawsuits
In this section, we’ll answer frequently asked questions that arise in wrongful death suits. If you have questions, we recommend that you give us a call or set up your free initial consultation so that we can review your specific legal circumstances and advise you on the best next steps.
Who Can Sue for Wrongful Death in Tennessee?
In Tennessee, specific family members have the right to sue for wrongful death. The initial right belongs to the spouse of the deceased. If no spouse survives, the right to sue is passed on to the following individuals in this order:
- Any surviving children
- Surviving next of kin
- The personal representative or executor of the deceased’s estate
- Any surviving parent of the deceased, if the deceased remained dependent on his or her parents at the time of death
How Long Do You Have to File a Wrongful Death Lawsuit in Tennessee?
The state of Tennessee sets a specific deadline for which wrongful death claims must be filed called the statute of limitations. Tenn. Code § 28-3-104 (2021) states that a wrongful death lawsuit must be filed no later than one year following the date on which the deceased’s death occurred. This short timeline makes timely action essential for seeking recovery for wrongful deaths.
Who Pays for a Wrongful Death Lawsuit?
It is the responsibility of the party who is liable for the death of the deceased to pay the damages sustained and outlined within the wrongful death lawsuit. In most cases, the defendant’s insurance company will cover the plaintiff’s losses, such as in the case of most car accidents, medical malpractice cases, and work-related accidents. Each case is different, so be sure to speak with your wrongful death attorney regarding your specific circumstances.
Schedule a Free Consultation with Our Wrongful Death Attorneys
If your loved one has unexpectedly passed away due to another person’s negligence or intentional actions, you may be entitled to legal compensation to help you recover and heal. Of course, no amount of compensation can bring your family member back, but regaining financial stability can help you properly grieve their loss. Don’t let final and associated expenses pile up on you – call Ford, Nichols, and Frye today to find out which legal options may be available to you. Our number is NUMBER. Alternatively, you may fill out this convenient and confidential online form, and we will reach out to you to schedule your case review.
Ford, Nichols, and Frye Law Firm is located in Louden, TN, serving the Knoxville Metropolitan Area and the entire state of Tennessee.
