Wrongful Death Accidents
Losing someone is hard enough…
But when you suspect there’s foul play involved, it can be even more difficult to mourn the loss. If you believe someone you love recently passed away due to someone else’s negligence or misconduct, you can choose to sue for wrongful death in order to hold the third party accountable.
Understanding your rights in Knoxville & the Tri-Cities
Wrongful death laws and statute of limitations vary by state. In Tennessee, the law states that all wrongful death actions must be pursued within one year of the date of your loved one’s death. Filing a lawsuit within this timeframe can help ensure you get justice for your spouse, parent, or child (depending on your specific case).
To determine if you have grounds for a case and answer any questions, the G3 team provides a free, confidential case evaluation. If it’s determined that you do have a case, you may be entitled to one or more of the following benefits:
- Financial/living assistance
- Medical bill reimbursement
- Funeral and/or burial service reimbursement
- Compensation for the deceased’s mental distress or suffering
- Compensation for your mental distress or suffering
No fees unless we win for you!
Though there’s no amount of money that could ever make up for the loss you’ve experienced, your G3 attorneys understand that wrongful death suits are about much more than money. After investigating the death and proving negligence, we’ll set up an estate on behalf of your deceased loved one so we can fight to get you both the justice you deserve.
With hundreds of 5-star reviews, your G3 lawyers have built a reputation around providing compassionate guidance to those in need of financial and emotional support after a wrongful death or other accident. Let us help you get what you deserve.
What Is Considered A Wrongful Death In Tennessee?
Tennessee defines wrongful death quite broadly. Tennessee Code Annotated Section 20-5-106 defines wrongful death as:
- A death caused by injuries received from another OR
- A death caused by the wrongful act, omission or killing by another
In Tennessee, a wrongful death claim can be filed even if the offending party is brought up on criminal charges for homicide or related charges. It is a civil suit. Unlike a criminal case, compensation is limited only to monetary damages and does not include jail time or any other such penalty.
Technically, a wrongful death lawsuit in Tennessee is a type of personal injury claim. The difference is that the deceased party is not able to file the suit on their own, so another party must file on their behalf.
As with any other personal injury case, you must prove certain elements of the situation in order to win the case. You must prove that the deceased’s death was caused by the “intentional act” or negligence of another individual. You must also prove the damages that you have suffered as a result of the loss of your loved one.
There are many situations that can result in a wrongful death lawsuit. These include, but are not limited to:
- Car, motorcycle, and truck accidents
- Defective products
- Slip and fall or other premises liability situations
- Workplace injuries
- Defective drugs
- Medical malpractice
Wrongful death claims are always very case-specific, and the elements of a claim are complex, which is why working with an experienced Knoxville wrongful death attorney is important when pursuing a wrongful death claim.
In addition, you must act quickly if you are planning to file a wrongful death lawsuit in Tennessee after the death of a loved one. Under Tennessee’s statute of limitations, you only have a year from the date of death to file a wrongful death claim.
Who Is Eligible To Bring A Wrongful Death Claim In Tennessee?
In most cases, the spouse of a deceased individual has the first right to file a claim for wrongful death. However, there are some exceptions if:
- The spouse had withdrawn from the relationship within the past 2 years
- The spouse abandoned the deceased person through separation
- The deceased person died due to the intentional actions of the spouse
Divorced spouses also may not bring a wrongful death lawsuit. If a surviving spouse cannot file a claim, there are others who may do so.
If the deceased person was not married or the spouse is otherwise unable to file a claim, their children may do so. If they are under the age of 18, a court-appointed guardian may file the claim on their behalf.
If the deceased person does not have children and was not married, their parents may have the right to file a wrongful death claim.
Finally, a representative or executor for the person’s estate may be able to file a wrongful death suit on the behalf of the person’s heirs. This is typically only an option when none of the above parties are able to file a wrongful death suit.
Understanding What Can Be Recovered From A Wrongful Death Claim
As mentioned, wrongful death claims are civil claims that are separate from criminal proceedings, and monetary damages are the only avenue of compensation. Under Tennessee’s wrongful death laws, you may receive compensation for the following:
- Medical bills
- Funeral expenses
- Loss of anticipated earnings
- The loss of affection, love, support, companionship, and consortium
In addition, the court may award punitive damages if the deceased’s death was due to an intentional act of “malice or recklessness.” As an example, if the deceased person was killed by a habitual drunk driver with multiple DUIs, a judge may elect to award further damages to the deceased person’s family to penalize the offender.
The Benefits Of Hiring A Knoxville Wrongful Death Attorney
If your loved one has died as a result of the negligent or malicious actions of another person, it’s important to seek justice, and to hire an experienced Knoxville wrongful death attorney like G. Turner Howard III.
Working with an experienced wrongful death attorney in Knoxville provides a number of benefits throughout the process.
- Get help throughout the legal process – Filing a wrongful death claim involves a lot of legal complications, and requires the filing of complex forms, meeting certain deadlines, and navigating the complexities of the courts. Wrongful death attorneys and their legal teams can handle this process for you, ensuring everything is filed correctly and saving you time.
- Advice and support – Your attorney can advise you on what you need to do to build a strong case. And by focusing on the legal complexities and tedious details of your court case, your legal team allows you and your family to grieve, mourn, and begin healing after the death of a loved one in Knoxville.
- Build your case & understand the value of your claim – Knoxville wrongful death attorneys will work with you to understand and build your case, and present the best possible evidence to ensure that you receive the compensation you deserve when a loved one dies due to the negligence or actions of another.
Not only that, but your attorney will be able to look at the facts of the case, compare them to previous cases, and help you understand how much compensation you should pursue based on the facts of the case. This ensures that you receive an adequate settlement based on the specifics of your loved one’s death. - Go to trial – Wrongful death cases are often settled out of court to avoid the complexities of court proceedings. But a dedicated wrongful death attorney is always willing to reject an inadequate settlement, take the case to trial and fight for your rights.
If you need help navigating the complexities of filing a wrongful death suit in Knoxville, The Law Offices of G. Turner Howard III. Contact us for a free, no-commitment consultation with our team and get the help you need.
Wrongful Death Accidents
Losing someone is hard enough…
But when you suspect there’s foul play involved, it can be even more difficult to mourn the loss. If you believe someone you love recently passed away due to someone else’s negligence or misconduct, you can choose to sue for wrongful death in order to hold the third party accountable.
Understanding your rights in Knoxville & the Tri-Cities
Wrongful death laws and statute of limitations vary by state. In Tennessee, the law states that all wrongful death actions must be pursued within one year of the date of your loved one’s death. Filing a lawsuit within this timeframe can help ensure you get justice for your spouse, parent, or child (depending on your specific case).
To determine if you have grounds for a case and answer any questions, the G3 team provides a free, confidential case evaluation. If it’s determined that you do have a case, you may be entitled to one or more of the following benefits:
- Financial/living assistance
- Medical bill reimbursement
- Funeral and/or burial service reimbursement
- Compensation for the deceased’s mental distress or suffering
- Compensation for your mental distress or suffering
No fees unless we win for you!
Though there’s no amount of money that could ever make up for the loss you’ve experienced, your G3 attorneys understand that wrongful death suits are about much more than money. After investigating the death and proving negligence, we’ll set up an estate on behalf of your deceased loved one so we can fight to get you both the justice you deserve.
With hundreds of 5-star reviews, your G3 lawyers have built a reputation around providing compassionate guidance to those in need of financial and emotional support after a wrongful death or other accident. Let us help you get what you deserve.
