How A Wrongful Death Lawyer Can Help Your Family
Before anything else, Labrum Law Firm wants to offer you our deepest condolences for the loss of your loved one. If your loved one died as a result of another person's negligence, wrongful act, or omission, you may have the right to pursue justice on their behalf and receive compensation. While no amount of money will ever bring your loved one back, you may have remaining medical bills, funeral costs, the loss of consortium, and other pain and suffering related to the loss of your family member. Learn more about your legal right to pursue justice against the negligent party by contacting an experienced wrongful death lawyer at Labrum Law Firm at (615) 338-9500 for a free consultation today.
What Are the Tennessee Wrongful Death Laws?
A wrongful death lawsuit allows the family of the victim the ability to restore the family back to the financial position they would have been in but for their loved one's untimely death. Not every death is a wrongful death, and there are strict laws that establish when a family has the legal right to bring a wrongful death lawsuit in the state of Tennessee. The following are the specific laws that pertain to wrongful death in the state of Tennessee.
What Is the Wrongful Death Law Statute in Tennessee?
Tennessee Code Title 20. Civil Procedure § 20-5-106 states that when a person's death is the result of a wrongful act, fault or omission, the family of the victim has the legal right to pursue compensation for psychological and physical suffering of their family member (as well as family members themselves), loss of time and consortium with the family member that passed away, as well as any of the out-of-pocket expenses incurred as a result of the injury and death of their loved one.
Who Can File a Wrongful Death Lawsuit in Tennessee?
The state of Tennessee allows the victim's spouse, child or parent to file a wrongful death lawsuit. It is important to note that only one wrongful death lawsuit may be filed, and therefore the family members must only file one wrongful death lawsuit for their loved one. Even if a spouse was separated from their spouse at the time of the wrongful death, they have a legal right to bring a wrongful death lawsuit in the state of Tennessee. Additionally, parents who had a fetus that was viable at the time of the accident or injury that resulted in the death of the fetus may also have the ability to bring a wrongful death lawsuit. To learn more about your legal right to bring a wrongful death lawsuit, visit with an experienced wrongful death lawyer at Labrum Law Firm today for a free consultation.
What Are Some Examples of Negligence Leading to Wrongful Death Cases?
The legal definition of negligence is when one person has a duty to exercise reasonable care and their failure to do so directly causes another person's death. The following types of accidents and injuries may lead to a wrongful death case if the victim dies as a result of their injuries caused by a negligent party:
- Vehicle crashes (car crashes, motorcycle crashes, truck crashes, ATV accidents, and more)
- Bicycle or pedestrian accidents
- Birth injuries resulting in the death of the mother or baby
- Medical malpractice
- Premises liability (slip and fall injuries leading to death)
- Nursing home neglect or abuse
- Drowning accidents
- Construction accidents
- Workplace accidents
- Manufacturer defect in products causing death
These are but a sample of the types of injuries or accidents that can lead to wrongful death. Learn more about your specific case by contacting a wrongful death lawyer at Labrum Law Firm.
How Do You Prove a Wrongful Death Case in Tennessee?
Wrongful death cases can prove to be legally complex and challenging with strict deadlines by which all the paperwork and evidence needs to be filed with the court. Proving a wrongful death case will largely depend on the individual facts and circumstances of the individual case, however, in all wrongful death cases, a victim's family must prove that the negligent party had a duty or responsibility to the victim that they failed to uphold in some way, and that breach of duty directly resulted in their injuries and subsequent untimely death. In many cases, wrongful death claims can take a considerable amount of time, investigation, and even involve expert witnesses. The time it takes to pursue a strong wrongful death case means that families should act quickly following their loved one's death to file a wrongful death lawsuit.
What Is the Deadline To File a Wrongful Death Case in Tennessee?
Every state has a statute of limitations (deadline) by which a family must file a wrongful death lawsuit or lose their legal ability to receive justice and compensation for the wrongful death of their loved one. Tennessee Code Sections 20-5-101 through 20-5-117 indicate that the family of a loved one who died as a result of someone else's negligence has exactly one year from their loved one's death to file a wrongful death claim in the state of Tennessee. This is an incredibly short time frame, and you may feel overwhelmed with grief and confused regarding your next legal steps. Consider visiting with a wrongful death lawyer in order to help better understand all of your legal options and rights in order to ensure your loved one receives the justice they deserve.
Contact an Experienced Wrongful Death Lawyer Today
If you are suffering from grief following the death of your loved one due to someone else's negligence, the last thing you likely want to do is be involved in a lawsuit. However, your loved one deserves justice, and you deserve compensation for the outstanding debt and bills you have as a result of their untimely death. Additionally, non-economic losses such as the loss of consortium, loss of guidance, and pain and suffering should receive some sort of compensation and justice as well. Our experienced wrongful death attorneys at Labrum Law Firm at (615) 338-9500 would welcome the opportunity to visit with you about your loved one, their wrongful death, and how we can help you receive justice and compensation on their behalf.