The sudden death of a family member can be shocking. In the days and weeks following an unexpected death, the family has many questions about why the death occurred. Was the death preventable? Was negligence or wrongdoing a factor? Should the survivors seek legal advice from a Tennessee wrongful death attorney about possible legal actions?
Dealing with the death of a loved one can be difficult and overwhelming. However, when the death was preventable, that fact adds another layer of grief and despair for surviving family members. Maybe you should consider filing a wrongful death lawsuit, but you likely do not know where to begin.
What Is a Wrongful Death?
The first step in deciding whether to file a wrongful death lawsuit is determining whether the death can be defined as a “wrongful death” under Tennessee’s wrongful death statutes. The code provides that a cause of action for wrongful death may arise when injuries received from another party caused the death of the person or when the omission, wrongful act, or killing by another party was the cause of the person’s death.
Numerous situations may give rise to a wrongful death action, including but not limited to:
- Medical malpractice claims
- Traffic accidents, including bicyclists, pedestrians, cars, trucks, commercial vehicles, motorcycles, and public transportation
- Premises liability claims (slip and falls, pool accidents, construction site accidents, etc.)
- Boating accidents
- Dog bites and animal attacks
- Product liability claims (defective products, dangerous drugs, defective medical equipment, etc.)
If you believe that another party caused your loved one’s death, it may be helpful to discuss the circumstances of your family member’s death with a wrongful death attorney in Tennessee.
Who Can File a Wrongful Death Lawsuit in Tennessee?
The state’s wrongful death laws limit who has the standing (right) to file a lawsuit alleging wrongful death. The personal representative of the person’s estate may file certain claims related to wrongful death allegations. Also, the deceased person’s surviving spouse and children can file a wrongful death action. Other family members or dependents may have the standing to file a wrongful death lawsuit under some circumstances.
It is important to establish that you have standing (the legal right) to file a lawsuit for wrongful death. An attorney experienced in wrongful death actions can provide additional guidance to determine which family members should be named in a wrongful death lawsuit.
What Compensation is Available in a Wrongful Death Lawsuit?
Money is not going to bring back a loved one. However, the courts have no other way to compensate family members when another party’s negligence or wrongdoing results in the death of their loved one. That loss of your loved one is priceless. However, the courts use monetary awards in wrongful death lawsuits to try to compensate families for their losses. Damages may be recoverable in a wrongful death lawsuit for:
- The cost of the funeral, burial, and/or cremation
- Medical expenses from the date of an injury to the date of death
- Loss of future benefits and income from the deceased
- Loss of consortium, love, affection, support, guidance, and companionship
- Pain and suffering experienced by the deceased because of the incident that led to his or her death
- Emotional distress of family members
Some damages may be limited in a wrongful death claim depending on the facts. A wrongful death lawyer carefully analyzes the case to determine the maximum value of the claim for each person named in the lawsuit.
Contact Cummings Law Today to Discuss Your Options
Wrongful death lawsuits are complex. The laws governing wrongful death claims in Tennessee are very specific and complicated. Working with an experienced Tennessee wrongful death attorney is one of the best ways to seek justice for your loved one and your family. Contact the personal injury attorneys at Cummings Law today. You will be glad you did.
Posted in: Wrongful Death