Chattanooga Wrongful Death Lawyer

It is tragic when a person dies as a result of an accident, and losing a loved one is never easy. When a death occurs the surviving family members are often filled with grief, anger, and often wonder if they can file a lawsuit on their loved one’s behalf.

If you have lost a loved one in an accident caused by another person’s negligence or recklessness, you may be able to file a wrongful death claim to recover for your losses. A Chattanooga wrongful death lawyer will be able to help guide you through this difficult time and help file a lawsuit.

What are Wrongful Death Claims?

The laws in Chattanooga treat wrongful death claims similar to other personal injury cases. However, there are some crucial differences between a personal injury claim and a wrongful death claim.

In a personal injury claim, the injured party will file a claim for damages on their own behalf, whereas in a wrongful death claim, a family member or other personal representative is filing the claim on the deceased’s behalf. Some of the most common wrongful death claims include claims from:

Tennessee Code Annotated section 20-5-106 provides that a surviving spouse, children, next of kin, or a personal representative can bring a wrongful death claim when a person dies as a result of another’s “wrongful act, omission, or when by killing by another.”

Damages from Wrongful Death Claims

When a spouse, sibling, child, or close family member dies because of another’s negligent or wrongful actions, not only must the survivors cope with their loss, but they often must pay for medical bills and funeral expenses. In a wrongful death action the following damages and forms of compensation are generally available to the survivors:

  • Medical bills and expenses related to post-injury care
  • Funeral expenses
  • Loss of earning capacity between the date of injury and the date of death
  • Loss of benefits
  • Loss of the decedent’s earning capacity for the life expectancy the deceased had if the death had not occurred
  • The pain and suffering of the deceased from the date of injury until the date of death

In addition to being able to recover damages for the personal injuries the deceased suffered, the survivors can recover for their own pain and suffering and for their loss of time with their loved one. Wrongful death claims may also include claims for punitive damages for intentional, malicious, reckless, and fraudulent behaviors.

However, it can be difficult emotionally and practically to consider the value and worth of a wrongful death. A Chattanooga wrongful death lawyer will be able to help guide a family through this difficult process.

Time for Filing a Wrongful Death Claim

When a loved one dies, everyone mourns their loss and often struggles with how to live without their loved one. However, in cases where a loved one dies because of another’s mistake, recklessness, or negligence, it can take much longer for a family to feel normal again.

However, while it is important to mourn, it is also important not to wait to file a wrongful death action.

Tennessee’s statute of limitation for a wrongful death action is one year after the date of the accident. Tenn. Code § 28-3-104(a)(1).

This can be problematic for families who are grieving, however, it is important not to wait before filing a claim. If a wrongful death claim is filed outside of the statute of limitations, the case may be dismissed.

Contact a Chattanooga Wrongful Death Attorney Today

If you have lost a loved one in an auto accident, workplace accident, due to medical malpractice, because of a defective product, or because of another’s negligence, it is important to contact a Chattanooga wrongful death lawyer right away.