Agee and Tinsley

Wrongful Death

Wrongful Death

wrongful death lawyer in Lebanon, tn

A wrongful death lawsuit is a type of personal injury civil action brought against an individual, group of individuals, or another entity for the death of another. The plaintiff in the lawsuit is usually a family member of the deceased who has experienced economic expenses and loss of companionship resulting from the person’s death. In the state of Tennessee, a wrongful death lawsuit is a kind of personal injury suit where the right to bring the claim to court is transferred to certain family members or specific people who had a legal relationship with the deceased.

You are able to file a wrongful death lawsuit if there is already a criminal case—even if a case of homicide or manslaughter is being pursued. This is because a wrongful death lawsuit is brought by the victim’s family for specific monetary damages, where a criminal case is brought by the prosecuting office and results in imprisonment or similar.

What qualifies as wrongful death?

A wrongful death can occur under a number of circumstances, such as the result of product liability, an intentional homicide, as a result of medical malpractice, or a car accident. Most wrongful death lawsuits fall under the umbrella of negligence law, whereby the plaintiff must prove that the defendant was negligent and breached their duty as compared to a reasonable person.

Who can file a wrongful death lawsuit?

There is an order of precedence as to who can file a wrongful death lawsuit, and in the state of Tennessee that begins with the spouse of the deceased, followed by their children, and then the parents of the victim. The personal legal representative of the victim is also able to file a claim.

Wrongful Death Damages and Expenses

The family of the victim are entitled to recover expenses for the wrongful death for things such as:

  • Loss of future wages (had the victim not died)
  • Mental suffering the victim experienced before death
  • Loss of the companionship
  • Funeral expenses

The American Medical Association caps on damages has a more complete list on the cap on damages in the State of Tennessee.

Statute of Limitations for a TN Wrongful Death Suit

As Tennessee wrongful death lawsuits are considered a kind of personal injury lawsuit the statute of limitation applies and all claims must be filed within one year of the date of the victim’s death. Failure to file a lawsuit within this time frame would void any potential recovery of compensation.

Because of the short window of time when a wrongful death lawsuit in Tennessee can be filed, it is particularly important to reach out to a wrongful death attorney to see if you are able to recover damages as a result of the wrongful death of a loved one, particularly if you wish to avoid risking getting your case thrown out on a technicality—such as in this ruling in the Tennessee Courts on Wrongful Death. The attorneys of Agee and Agee focus on wrongful death and other personal injury lawsuits and can help you recover damages during this particularly difficult time. Schedule a free initial consultation today.

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