Have You Lost a Loved One?
At Gary Massey Injury Lawyers, we understand the profound impact wrongful death has on families, and we are dedicated to helping you through this difficult period. Our Chattanooga wrongful death lawyers have many years of combined experience and have recovered millions on behalf of our clients. We offer free consultations, charge no upfront fees, and are available 24/7 to assist you.
What Is a Wrongful Death in Tennessee?
Tennessee Code Annotated section 20-5-106 defines a wrongful death as one caused by a wrongful act, omission, or killing by another. Wrongful acts or omissions can be viewed as breaches of a duty of care.
If a Chattanooga personal injury attorney can prove your loved one’s death was caused by a wrongful act, omission, or killing by another, you can recover compensation for damages caused by your loss.
Since the victim cannot file a lawsuit on their behalf, certain surviving family members and/or the personal representative of the estate are given the right to pursue legal action on the victim’s behalf.
Wrongful deaths result from a variety of scenarios, including:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Workplace accidents
- Pedestrian accidents
- Bus accidents
- Bicycle accidents
- Construction site accidents
- Boat accidents
- Defective products
- Medical malpractice
- Nursing home abuse
- Criminal activity
Liability for Chattanooga Wrongful Death Cases
Chattanooga wrongful death lawyers can file cases against various liable parties, including:
- Reckless or negligent drivers
- Trucking companies
- Employers
- Doctors and other health care providers
- Nursing homes
- Boat operators
- Product manufacturers or designers
- Hospitals and medical facilities
- Nursing home caregivers
At Gary Massey Injury Lawyers, we are committed to holding all negligent parties accountable for the damages they have caused your family. We have the resources and legal knowledge to build a robust case against those responsible for your loved one’s death.
Contact our firm to schedule your free legal consultation: 423-819-4425.
Who May Be Eligible To File a Wrongful Death Lawsuit in Tennessee?
Tennessee law gives the following individuals the right to file wrongful death lawsuits:
- The surviving spouse: The decedent’s spouse has the primary right to file a wrongful death claim.
- Children of the deceased: If there is no surviving spouse, the decedent’s children may file the lawsuit.
- Parents of the deceased: If the decedent had no spouse or children, the parents may be eligible to file.
- Personal representative of the estate: In some cases, the personal representative of the decedent’s estate may file the claim on behalf of the beneficiaries.
- Siblings: If no other relatives exist, the deceased’s siblings might be eligible to file the lawsuit.
If you are unsure about your right to file a wrongful death case, contact our Chattanooga wrongful death lawyers today for legal assistance. There are no upfront costs or fees with our services.
Compensation For a Chattanooga Wrongful Death Lawsuit
Under state law, families who lost loved ones due to another’s negligence may be able to seek the following forms of compensation in a lawsuit:
- Pain and suffering experienced by the surviving family members
- Mental anguish experienced by the survivors
- Funeral expenses
- Burial costs
- Loss of benefits
- Loss of the decedent’s earning capacity
- Lost companionship
Wrongful death claims may also include punitive damages for intentional, malicious, reckless, and fraudulent actions.
What Is the Difference Between a Wrongful Death Claim and a Survival Claim?
There are two main types of civil actions families can file after the loss of a loved one because of another’s negligence: wrongful death claims and survival actions.
A wrongful death claim seeks to compensate surviving family members for their losses due to the death of their loved one. A survival claim is filed on behalf of the deceased person’s estate and seeks damages that the deceased would have been entitled to if they had survived.
For example, if an individual passes away after enduring severe pain and suffering from an injury caused by another’s negligence, a survival claim can include compensation for the pain and suffering experienced by the decedent before death. A wrongful death claim, however, would seek compensation for the family’s pain and suffering after the victim’s death.
Survival claims could also include the following forms of compensation:
- Loss of earning capacity between the date of injury and the date of death
- Property damage
- Medical costs between the time of the injury and death
Deadlines for Wrongful Death Claims in Tennessee
When a loved one dies, everyone mourns their loss and often struggles with how to live without them. However, in cases where a loved one dies because of another’s negligence, it can take much longer for a family to feel normal again.
However, while it is important to mourn, there is limited time to take legal action. Tennessee’s statute of limitation for a wrongful death action is one year after the date of the accident. Once the year passes, grieving families lose the right to file a lawsuit.
It takes time for a lawyer to build a strong case, so you should talk to an experienced attorney as soon as possible.
