Wrongful Death
The Legal Definition of Wrongful Death
Wrongful death is defined as the death of a person which occurs as a result of a wrongful act, omission, or killing by another person, company or entity. Wrongful acts include negligence, reckless or carelessness conduct, manslaughter, murder, assault and battery.
Under Tennessee law survivors may sue for damages
If a death occurs as a result of a defendant's wrongful act or omission, or if the defendant is strictly liable they may be sued. Tennessee law allows for the surviving spouse, children, beneficiaries, dependents, next of kin, or personal representative to bring an action for monetary damages that have resulted from the victim's death. These damages include: mental and physical suffering actually endured by the injured party between the injury and death, medical expenses, funeral expenses, loss of earning capacity during the period from injury to death, and the pecuniary value of the life of the deceased which is defined as the monetary value including loss of support, companionship, guidance, advice, love and affection of the deceased. Under Tennessee law, the funds recovered are to be free from the claims of creditors.
Grief stricken families need to initiate prompt legal action before evidence is destroyed.
The death of a family member as a result of an accident causes a great deal of turmoil to the surviving family members. In many cases this turmoil can delay the retention of legal counsel to investigate the circumstances of the death and the legal claim. As a result, negligent parties responsible for causing a death are sometimes never held accountable to the surviving family members due to the failure to initiate prompt legal action. Critical evidence may be lost or destroyed in the days or weeks after the accident, and complex laws governing the wrongful death claim may eliminate the possibility of recovery if the proper legal requirements are not met.
We provide professional legal help and free confidential claim evaluations.
If you have had a loved one who has died as a result of a job injury or under circumstances where you believe another individual, company or entity may be responsible, I would urge you to retain an attorney to investigate this matter as quickly as possible. Negotiating the complex web of law surrounding wrongful death claims can be intimidating, but we are happy to provide the information, that surviving family members and members of the estate need to ensure that their rights are protected. Our office has the resources and experience to investigate the circumstances of potential wrongful death claims and all potential legal claims, which may be brought. We do not charge for the claim evaluation, and your consultation with us is confidential.
For a free consultation call us at (615) 851-1776.
We are sensitive to this grief and loss and understand that one of the most important jobs that an experienced attorney can perform is to respect the needs of the surviving family members and to ensure that a thorough investigation of the accident and possible legal claims is performed.