When someone you love dies in a tragic accident, it’s normal to have serious questions about what happened and why. While some tragic accidents can’t be avoided, others are caused by someone’s reckless behavior or failure to take reasonable action. Although financial compensation may not be the first thing on your mind, it’s important to understand that Tennessee law allows surviving families to take action when a loved one is wrongfully killed. A wrongful death lawsuit can provide much-needed relief for grieving families who are struggling to recover after a tragedy.
If you have questions about your rights under Tennessee wrongful death laws, or if you’d simply like to talk with us about your concerns, call GriffithLaw in Franklin, TN today at 615-807-7900. Our experienced attorneys are local to Nashville, and we have a strong history of success for families and individuals across the state who have suffered from someone else’s wrongful actions.
What Is a Wrongful Death Claim in Tennessee?
A wrongful death is a death caused by someone else’s reckless, careless, negligent, or even intentional actions. A wrongful death claim may be brought against a person, a company, or governmental agency, depending on the circumstances of the fatal accident. Some examples of potential “wrongful death” circumstances might include:
- A car accident caused by another person driving under the influence of alcohol or drugs
- An auto accident caused by another person speeding or driving recklessly
- An accident caused by unsafe workplace conditions
- A slip and fall accident that occurred because a business or homeowner failed to maintain safe premises
- A medical mistake or misdiagnosis, including those that result in birth injuries
- An injury caused due to defective parts or a failure to properly test equipment before putting it on the market
- A criminal act, such as an assault
While, sometimes, wrongful deaths also involve criminal charges for the responsible party, a civil wrongful death claim is meant to help financially compensate for the losses caused by a tragic accident.
Who Can File a Wrongful Death Claim in Tennessee?
In Tennessee, a wrongful death claim may be filed by:
- The personal representative or administrator of the estate
However, there are also some exceptions that may apply depending on the unique circumstances of a case, so it is important to consult with an experienced wrongful death attorney before moving ahead.
It is also important to understand that time limits apply in wrongful death cases. Surviving family members generally have one year to file a claim, but this can vary depending on the details. Another consideration is the time needed to investigate and prepare for a wrongful death suit—if family members wait until the last minute to look into their rights, it may already be too late to build an effective case.
What Is Gained by Filing a Wrongful Death Lawsuit in Tennessee?
Filing a lawsuit can seem overwhelming on top of everything else your family is going through, but asserting your rights can actually help you manage in a difficult time. Taking legal action now can mean:
- Financial recovery. Death is surprisingly expensive, and many families face financial ruin in the aftermath. In a wrongful death lawsuit, family members may be able to recover the costs of the funeral and burial, medical bills, lost wages and benefits, loss of companionship and parental guidance, losses experienced by the deceased between the time of injury and death, and more.
- Peace of mind. Obtaining justice after a tragic and preventable accident can provide a sense of closure. And, by holding the responsible person legally liable for what happened, a wrongful death suit can potentially prevent the same thing from happening to other families.
Remember, too, that you don’t have to go it alone. Working with an experienced wrongful death attorney from the start can help you investigate the circumstances of the death, protect your rights, and get relief from the stress of insurance paperwork and unanswered questions.
GriffithLaw Is Here to Help Families Legally Recover After a Wrongful Death
Determining if the death of your loved one is a “wrongful death” under the law is difficult, especially when you already have so much on your mind. Let our experienced wrongful death attorneys guide you through investigating your loved one’s death, getting important records, and making sure that your legal paperwork is handled accurately and filed on time.
Our Nashville attorneys are experienced and respected in the legal community, and we treat every case we handle with compassion and discretion. If you need help, don’t hesitate to reach out to us directly at 615-807-7900, or complete our contact form for a prompt response.