East Brainerd Wrongful Death Lawyer
Losing a family member is never easy. Processing the death of a loved one can be especially difficult if it occurred suddenly or because of another person’s actions. You may feel a wide range of emotions, including frustration and deep grief.
If you have lost a loved one and believe their death may be the fault of another party, you may wish to contact an East Brainerd wrongful death lawyer. In the case of wrongful death, it is possible to hold the responsible parties accountable for their actions. A seasoned injury attorney could determine who is eligible to bring forward a civil lawsuit, help file a claim, and litigate a case for a favorable outcome.
Who Could File A Wrongful Death Claim?
Wrongful death claims are unique personal injury claims that may be brought forward by specific family members or the representative of an estate. Generally, the parents of a deceased minor may file a wrongful death claim on behalf of their child, while a deceased person’s surviving spouse could file a wrongful death claim. If no surviving spouse exists, the right to file a claim belongs to:
- Children of the deceased
- Representatives of the deceased’s estate
- Parents of the deceased
- State administrators
Complicated family situations may alter who is legally allowed to bring forth a claim. Those unsure of who is eligible to file may wish to consult a knowledgeable East Brainerd wrongful death attorney and determine surviving individual’s legal options. The person who brings forth the lawsuit will usually be named as the plaintiff.
Wrongful Death Defined in East Brainerd
Generally, wrongful death occurs when the negligent, willful, or wrongful actions of another cause a death. The legal definition can be found in Tennessee Code Annotated section 20-5-106, which states that wrongful death is any death resulting from injuries caused by another party or by the “wrongful act, omission, or killing by another.” Wrongful acts could include criminal actions, such as homicide, car accidents, or improper medical treatment.
Civil Charges During Criminal Proceedings
Wrongful death lawsuits are different from criminal charges. Since wrongful death is a separate civil charge, a defendant could be found guilty or liable for one charge, but innocent on the other. Generally, the two decisions will not impact each other and could even be heard by separate juries.
One significant difference between the two types of charges is the potential plaintiffs. In an East Brainerd wrongful death lawsuit, a family member or their wrongful death lawyer will bring forward a civil lawsuit and be named as the plaintiff. However, criminal charges are brought by the prosecuting attorney’s office on behalf of the public. Criminal charges do not automatically result in wrongful death civil charges – the surviving family members or estate representatives must decide to pursue legal action.
If a defendant is found guilty of criminal charges, they may face criminal penalties, including prison or probation. In a civil case, guilty defendants bear liability and are punished by paying monetary compensation. This compensation is for the benefit of the family members left behind.
Work with an East Brainerd Wrongful Death Attorney Today
Losing a beloved friend or family member is always difficult – however, the stress of this situation is only increased if an individual’s death was due to negligent action. Surviving family members may wonder how to cover funeral costs and expenses lefts behind. Fortunately, help in the form of legal assistance is available.
You and your family may benefit from the services of a qualified East Brainerd wrongful death lawyer during this stressful time. An attorney could assist bringing forward a claim on behalf of the deceased and explain the rights of family members following a loss. Call today for a free consultation with a compassionate wrongful death attorney.
