Losing a loved one is never easy, but when the death could have been prevented, the loss is much harder to bear. Wrongful death laws take this into consideration.
When someone dies because of another person’s negligence, Tennessee’s wrongful death laws allow family members to file a claim for their losses. The experienced team at the Grimmett Law Firm fights to get justice for the families of those who suffered an untimely death.
When is a Death Considered Wrongful?
Under Tenn. Code Ann. §20-5-106, family members have a legal claim in a case where someone dies due to:
- Injuries caused by another person
- The wrongful act of another person
- The wrongful failure to act by another person
Basically, if the person would have been able to file a personal injury claim if they had survived, then a family member or representative acquires the right to file a wrongful death claim because they did not survive. Most wrongful death claims result from negligence, which means that the harm was caused by someone failing to act responsibly. Of course, if someone acted deliberately to cause harm or they caused injuries due to reckless behavior, they would also be liable for the wrongful death that results.
Compensation for Many Different Losses
A death sends ripple effects through the family for years to come. Emotional pain is probably the most noticeable loss at first, but the economic effects can be just as devastating. Wrongful death laws provide damages for the suffering experienced by the deceased person as well as the harm caused to the family.
The Grimmett Law Firm helps recover compensation for economic damages such as loss of income, medical bills and funeral expenses. In addition, we work to obtain damage awards to cover the emotional trauma, loss of companionship and guidance, and other painful effects resulting from the untimely death.
Who Can File a Claim for Wrongful Death
The wrongful death laws describe which family members have the right to recover for losses after a wrongful death. In addition, the personal representative of the deceased person’s estate can file a claim on behalf of beneficiaries.
Generally, if the deceased person was married, the surviving spouse has the first right to file a claim. If there is no spouse, or the spouse is not the appropriate person to file under the circumstances, then children can file a claim. If there are no children, then parents have the next right to file.
Wrongful Death Claims Can Come from a Variety of Causes
Many different types of accidents and injuries can give rise to a legal claim for wrongful death. Our team has obtained compensation for families who have lost a loved one due to situations such as:
- Car and truck accidents
- Medical malpractice
- Motorcycle accidents
- Workplace injuries
- Slip and fall accidents
- Assault
- Injuries caused by dogs or other animals
Anytime a death could have been prevented if someone had acted as they should have, then that could give rise to a claim for wrongful death, and it is wise to consult an attorney as soon as possible for help.
Work with the Team Dedicated to Your Protection
At the Grimmett Law Firm, we fight to get our clients fair compensation for the losses they have suffered. Through a wrongful death lawsuit, we also help family members obtain justice for the loved one they have lost.
We can investigate to determine all the causes so that we can demonstrate liability and win the compensation to help your family overcome the losses. For a free, confidential consultation to learn more about all the ways we can assist, contact us today.