Cleveland, TN Wrongful Death Lawyer
The emotional toll of losing a beloved family member is extremely difficult. Not only has a family lost a key member, but now they must find a way to pay for a funeral and carry on financially without the income that may have come from that family member.
A Cleveland, TN wrongful death lawyer can help your family at least make up for the financial loss of your loved one. If you have lost a loved one due to someone else’s negligence, get in touch with a capable and compassionate personal injury attorney that can advocate for you.
Who Can Make a Wrongful Death Claim
The law allows the right to sue for an injury to pass from the deceased to a close family member. First, the right goes to a spouse. If there is no spouse, then it goes to the person’s child. Lastly, if there is no spouse or children, it goes to the next of kin.
A wrongful death claim allows a close family member to bring a lawsuit on behalf of a deceased family member. The lawsuit allows the family member to sue the person or organization who caused the injury. Specifically, it is as though the rights of the decedent pass to the surviving family members.
Legal Rights Under Wrongful Death Claims
Wrongful death suits can be brought for any type of death. Whether a family member died because of a negligent action or inaction, or because of a car crash, one has the right to sue the person or company responsible.
Furthermore, one can even sue a person if they have criminally caused the death of a family member. There may be a separate criminal action brought by the state of Tennessee, but an individual has the right to bring a civil action against that person as well.
If someone’s wrongful death lawsuit is based on someone else’s negligence, a Cleveland, TN wrongful death lawyer, will have to prove all the elements of negligence have been met. For negligence, one must show that there was a duty of care owed by the person that was breached that directly and proximately caused the harm and that the death resulted because of that breach.
Damages for Wrongful Death
Under Section 20-5-113 of the Tennessee code, there are a few different types of damages available for a wrongful death claim. These damages include the losses the deceased person would have been able to recover if they were still alive for the injuries they suffered, including:
- Mental and physical pain
- Any expense related to the injuries
- Loss of time because of the injuries
- Funeral and burial expenses
Survivors can recover the lost future monetary and financial support of the deceased loved one. Survivors can also recover the lost society, companionship, and mental anguish of losing a loved one.
How a Wrongful Death Lawyer Can Help
Perhaps, you may want to avoid going to court altogether. During this time, your family has already suffered and you may not want to go through a lengthy and possibly expensive trial. You may want to work with your Cleveland, TN wrongful death lawyer to reach a settlement with the other side. For situations involving a car accident or medical malpractice, there is the possibility of reaching an agreement with the insurance company. Speak to a wrongful death attorney that can make this painful time less stressful for you and your family, by helping to ease the financial strain you are now facing with the loss of your family member.
