Whitfield County Wrongful Death Lawyer
A death that occurs because of the actions of another is not just painful, it is also classified as a wrongful death. If you lost a loved one in a wrongful death, you may be able to receive compensation for the upheaval this death caused.
In a wrongful death case, an experienced attorney could be your greatest ally. A Whitfield County wrongful death lawyer could help you determine potential legal strategies that can help you obtain the compensation you deserve.
The Elements of a Wrongful Death Case in Whitfield County
To recover any damages in a wrongful death case, the plaintiff must meet certain standards. They may also be required to prove that the other party acted negligently, the death occurred because of this negligence, and the person filing the claim experienced emotional or financial damage.
The basis of a wrongful death action is the harm that is a result of another person’s negligent, reckless, or intentional acts. These cases arise in many situations, including:
- Dangerous property conditions
- Defective product accidents
- Inadequate security
- Medical negligence
- Nursing home abuse
- Truck accidents
- Work-related accidents
Speak with a Whitfield County wrongful death lawyer to learn more.
Initiating a Wrongful Death Claim
Only certain family members of a deceased individual can initiate a wrongful death claim. The right to initiate a wrongful death action goes first to the surviving spouse of the deceased person. If no surviving spouse exists, the power to initiate the claim lies in other parties. The major parties able to bring a wrongful death claim are the surviving children or parents of the deceased person and the administrator or personal representative of the estate.
Statute of Limitations
The statute of limitations in Tennessee requires all wrongful death cases start within one year of the date the person died. Unfortunately, if no one files a case within this time, the court bars anyone from bringing a case. Since this statute of limitations does not provide much time to file a case, it is imperative that a person initiates their case within this period. A Whitfield County wrongful death lawyer may be able to offer more insight on the statute of limitations.
Damages Available
Tennessee Code’s Title 20 allows the closest family members of a deceased person to obtain compensation for certain damages. These are typically costs associated with the deceased person’s death including funeral expenses, costs related to the injury that the deceased person would face if they survived their injury, and loss of future benefits that the deceased person would provide such as lost income and future earning potential.
Talk to a Whitfield County Wrongful Death Attorney Now
Nothing can fill the void left by the loss of a loved one. No amount of money will make up for their loss, especially if it was the result of someone else’s actions. But, money can help ease the burden of the costs associated with this loss.
If you lost a loved one due to the actions of someone else, you may be able to recover compensation for your pain and suffering. A Whitfield County wrongful death lawyer may be able to advise you on what you could recover and guide you through this arduous process. Call today for a free consultation.
