GriffithLaw Can Help Get Justice and Compensation for the Loss of Your Loved One
The unexpected loss of a loved one is an indescribable tragedy, and when that loss is a result of someone else's negligence or wrongful actions, it becomes vital to seek justice.
In Tennessee, this pursuit of justice takes the form of a wrongful death lawsuit. At GriffithLaw, our skilled Tennessee wrongful death lawyer can help you understand the challenges of the legal process and why it is essential to establish the burden of proof so you can seek the justice and compensation you deserve after your loved one's death.
Understanding the Preponderance of the Evidence
A wrongful death lawsuit is a civil case, not a criminal case. The burden of proof in a Tennessee civil wrongful death case is the "preponderance of the evidence" standard. The preponderance of the evidence legal standard requires the plaintiff to demonstrate that it is more likely than not that the defendant's actions directly caused the death in question. The evidence must tilt in favor of the plaintiff's claims by at least 51%. This starkly contrasts with criminal cases, where the burden of proof is "beyond a reasonable doubt," a much higher threshold that demands a higher degree of certainty.
The preponderance of the evidence standard requires the plaintiff to present a compelling case that convinces the court that their version of events is more probable than the defendant's. It doesn't demand absolute certainty but rather a more convincing argument. This standard is more accessible for plaintiffs in civil cases, as they are not burdened with the need to eliminate all reasonable doubt.
Burden of Proof on the Plaintiff
In a wrongful death case, the burden of proof lies on the plaintiff, the party bringing the lawsuit. This means that it is the plaintiff's responsibility to gather and present the necessary evidence to support their claims.
Building a strong case requires a deep understanding of the legal nuances and expertise in navigating the complexities of the legal system. Navigating the legal landscape, especially in a wrongful death case, is a challenging task. Plaintiffs often face emotional distress and the overwhelming burden of proving their case.
How GriffithLaw Can Help
The experienced legal team at GriffithLaw is dedicated to helping families seek justice for the tragic loss of their loved one due to another party's negligence. We have a deep commitment to our clients and will strive to alleviate the legal burden on grieving families.
GriffithLaw understands the unique challenges of Tennessee wrongful death cases and the importance of meeting the preponderance of the evidence standard. We will file the necessary paperwork and work closely with families to do the following:
- Determine if you have the right to file a claim. In Tennessee, certain parties can file a wrongful death claim. This can include spouses, children, parents, siblings, or the personal representative of the deceased's estate. An experienced wrongful death lawyer will identify if you are eligible to file a claim.
- Gather evidence. An attorney will analyze the circumstances surrounding the death of your loved one by collecting valuable evidence such as testimony from eyewitnesses, medical records, police reports, and more.
- Consult with experts. Expert witnesses such as accident reconstruction specialists are essential in establishing the burden of proof. A lawyer will hire expert witnesses to help support your claim.
- Represent your interests in court. Your wrongful death lawyer will build and present a compelling case in court while protecting your rights.
Types of Wrongful Death Damages in Tennessee
If another party is found negligent by a preponderance of the evidence in Tennessee, you could recover damages. Wrongful death damages can encompass various aspects, including economic and non-economic losses. A wrongful death lawyer can help determine what damages you are entitled to recover for the loss of your loved one.
Economic damages may include the following:
- Medical expenses
- Funeral and burial costs
- Loss of income and future financial support from the deceased
Non-economic damages can cover emotional pain and suffering experienced by the surviving family members and the loss of companionship.
GriffithLaw fights tirelessly to secure the compensation that families deserve. Whether pursuing economic or non-economic damages, we will fight for justice for our clients and hold responsible parties accountable.