Compassionate Representation In Wrongful Death Claims
The loss of a loved one is never easy to process, but if your family member died due to the negligence or wrongful conduct of another person, the pain can be compounded by a sense of injustice. If this is the case, you may be able to file a wrongful death claim and hold the responsible parties accountable for their actions.
While no amount of compensation can make up for the loss of your loved one, it can help you get back on your feet and move forward. At Kuebler and Associates, PLLC, we can guide you through the legal process and help you obtain the compensation you deserve.
What Is Considered A ‘Wrongful Death’ In Tennessee?
In Tennessee, a wrongful death is defined as the death of a person due to the wrongful act, neglect, or intentional actions of another person. Wrongful deaths can be caused by car accidents, workplace accidents, medical malpractice and other incidents. The state of Tennessee recognizes that the loss of a loved one is an extremely painful and difficult experience for the deceased’s family members, and because of this, the law provides them with the right to seek legal recourse and compensation for their losses.
In Tennessee, a wrongful death claim can be brought when a loved one dies as a result of:
- Motor vehicle accidents
- Defective products
- Medical malpractice
- Workplace accidents
- Nursing home abuse or neglect
- Accidental shootings
- Toxic torts
Almost any accident can lead to a wrongful death. However, you must prove that, had the deceased person lived, they would have been able to file a personal injury claim for their injuries.
Who Can File A Wrongful Death Claim In Tennessee?
In Tennessee, there are several parties who can file a wrongful death claim. If the deceased was a minor, a parent or guardian may be able to file a claim. If the deceased was married and had children, a spouse or child may be able to file a claim.
The following individuals may be able to file a wrongful death claim in Tennessee:
- Parents of a deceased minor
- Spouse of a deceased person who had children
- Children of a deceased person
- Any surviving next of kin
- An administrator or personal representative of the deceased’s estate
If the deceased had no spouse or child, parents may be able to file a claim.
What Damages Can Be Recovered In A Wrongful Death Claim?
The damages you can recover in a wrongful death claim depend on the circumstances of your case. In general, you may be able to recover:
- Funeral and burial expenses
- Medical bills
- Lost wages
- Loss of companionship
- Loss of support
- Loss of inheritance
- Pain and suffering
It is important to note that Tennessee is a comparative negligence state. This means that if a person is found partially responsible for the incident that resulted in the death of a loved one, they may only be able to recover a portion of the damages they are seeking. In these cases, the jury will typically award damages based on the percentage of fault assigned to each party.
Get The Help You Need From An Experienced Wrongful Death Attorney
The loss of a loved one is never easy to process, but if your family member died due to the negligence or wrongful conduct of another person or entity, the pain can be compounded by a sense of injustice. If this is the case, you may be able to file a wrongful death claim and hold the responsible parties accountable for their actions. At Kuebler and Associates, PLLC, we are committed to helping families seek justice and closure.
Our team can guide you through the process and fight for the compensation you deserve. To schedule a consultation at our Chattanooga office, call 423-822-5915 or complete our online contact form to get in touch.