Losing a loved one is a tremendously painful experience and one that can be even more difficult if that family member’s death was preventable. When another party’s negligence or wrongful act plays a role in the death of your loved one, it’s important to know that you do not have to suffer through this tragic time alone. You may be able to take legal action to seek justice on behalf of your loved one and recover much needed compensation for your family.
Wrongful death claims include fatalities that are a result of traffic accidents, medical malpractice, product liability, work-related accidents, or an unlawful act that happened during a crime. Individuals and businesses can be legally at fault for acting negligently and causing severe injury to another person.
By working with an experienced attorney at the Law Offices of Luvell L. Glanton, you have compassionate and caring legal support for your wrongful death case. We will work tirelessly on your behalf to hold the liable party accountable for their negligent actions. Our lawyers understand that during this challenging situation, you need an advocate to fight for you on your behalf. We focus on providing personalized and passionate representation to get you through this challenging time and journey ahead.
A wrongful death claim is a civil lawsuit that seeks to establish that one person or entity intentionally, recklessly or negligently caused the death of another person. The purpose of a wrongful death lawsuit is to give the surviving family members the appropriate financial compensation for the loss of their loved one.
The damages that you receive from this type of lawsuit is to put you and your family members back into the same financial position you had before the deceased’s accident, as well as bring to amend and seek closure for your family. In a wrongful death lawsuit, the negligent party is legally required to compensate you for damages caused by your loss such as emotional trauma, lost companionship (spouse and children) and the loss of the relationship.
Tennessee’s statute of limitations states that the plaintiff has one year after the date of a loved one’s death to pursue a wrongful death claim. If the surviving family members desire compensation for their losses, they must file a claim within that time frame.
Because of this short window of time, consulting with an experienced attorney is essential when considering whether to pursue a wrongful death lawsuit. If you fail to pursue the claim within a year, you lose the right to file, and the courts will not hear your case. You should contact our Nashville wrongful death attorneys to determine if you have a valid wrongful death case.
These are the rules for persons who may file a wrongful death lawsuit in Tennessee:
If you are to recover damages in a wrongful death lawsuit, it must be proven that another’s negligence, carelessness, or wrongful act resulted in the death of your loved one. There are certain things that our lawyers look for in pursuing a wrongful death action under the Tennessee law, including:
How this particular legal element is established in your case depends on several factors. For instance, if another driver caused a fatal car accident after running a traffic light, they could be responsible for paying fair compensation to the family of the deceased.
Once liability in a wrongful death case is established, the damages awarded may include the following:
Damages awarded from wrongful death lawsuits fall into three categories: economic, non-economic, and punitive. Assessing the value of economic damages requires the use of an actuary to calculate lost earning capacity and any future monetary value of services that would have been provided by the loved one had they not passed.
Usually, non-economic damages can vary depending on state limits for amounts. Tennessee limits non-economic damages to $750,000.00.
If there the responsible party engaged in intentional misconduct or committed gross acts of negligence, survivors can seek punitive damages. These damages seek to recover further compensation and help to deter others from doing the same thing.
Punitive damages are also dependent on the severity of negligence and injury sustained in the accident. For example, a catastrophic drunk driving accident case may involve punitive damages. Tennessee law places certain restrictions on punitive damages that are awarded in wrongful death lawsuits.
When a loved one dies, the last thing in the world you are thinking about is your legal options. However, if your family member suffered and died due to the negligence of an individual, business or manufacturer, the first stages of pursuing a wrongful death action is critical.
It is essential to have an attorney to help document and preserve evidence, review witness and police reports and thoroughly investigate your case to prove that the other party is liable for your loved one’s death.
If you are not convinced that you need an attorney to help you file a wrongful death lawsuit, you need to understand the following circumstances:
Having evidence is the crux of any wrongful death case. Our lawyers know what to look for and how to preserve vital evidence in a wrongful death lawsuit. Without hiring an experienced lawyer, it is possible that some evidence may be lost or destroyed and cost you the whole case.
Wrongful death cases are complex and differ from case to case. Only an attorney can advise you of wrongful death statutes and current wrongful death case law. Handling this type of claim on your own could be disastrous since you may risk the entire claim due to your ignorance of the law.
Most wrongful death lawsuits may pay out significant compensation and damages. It is likely that the insurance company for the defendant will have experienced , high-cost lawyers that will use any legal tactics necessary to stall your case, limit their client’s liability or try to reduce the amount of the settlement that is owed to you and your family members. When this happens, you need skilled legal counsel to negotiate a settlement or fight for you in court.
If you believe a negligent act or inaction caused the death of a family member, our attorneys will review the facts of your case to determine if you have grounds to file a wrongful death lawsuit. As part of this process, our legal team can review medical records, accident reports and police records to determine if a wrongful act caused or contributed to your loved one’s death.
Most wrongful death lawsuits are settled before trial. If any settlement offers are received, we can help you determine if the proposed settlement provides damages that are proportionate to the amount of your pain and anguish. If an amount cannot be agreed upon, we will negotiate for a higher settlement in your favor. If they still refuse to accept responsibility, we are not afraid to take them to court to get you the justice you deserve.
We have helped numerous families through the emotional turbulence and complexities of a wrongful death claim process, so we are tuned in to the needs of our clients. We know how severe a wrongful death case can be, so our Nashville attorneys make themselves available 24/7 to offer genuine consultation and legal support.
The Nashville wrongful death attorneys at the Law Offices of Luvell L. Glanton draw from our extensive experience in civil litigation to ensure that liable parties are held accountable for their negligent actions. When we handle your claim, we will do whatever we can to recover the compensation that you deserve so that you can move forward with your life.
If your loved one or relative has recently passed at the hands of another person’s reckless or negligent behavior, you need to place your trust in a law firm that genuinely cares about helping you rebuild your life. We will discuss your needs, voice your questions and concerns and respond immediately to your requests.
Not only is our legal team passionate and prompt with their service, but our compassionate, caring, and capable lawyers will help you through these difficult times. Contact us for a free, no-obligation consultation or call us at (615) 244-4511 to discuss your case.