When a loved one dies, the last thing that anyone wants to think about is filing a lawsuit. The trauma of the death, the planning of the arrangements, the caring for other family members, and simply trying to put one foot in front of the other, is just about all you can do. But if a loved one dies as a result of someone else’s negligence or recklessness, it’s important to know that there is a limited time within which to pursue a case for just compensation. If it is just too difficult to deal with, perhaps you could ask a trusted family member to speak to an attorney to see whether or not you may have a case that can be pursued. Depending upon the circumstances of the case, it may not even be necessary to file a lawsuit in order to obtain compensation. For instance, deaths caused as a result ff an automobile or trucking crash are often resolved by settlement before filing a lawsuit. Other causes of action, such as death caused from medical malpractice, are often more complicated, and a lawsuit must be filed. A wrongful death claim can never fully compensate for the loss of a loved one. But if there is a viable claim, a surviving spouse or child may recover damages such as funeral expenses and medical expenses incurred due to the negligence of another. Tennessee law also allows for recovery of the "pecuniary value of the deceased’s life." These losses include the loss of the earning potential of the deceased as well as of loss of the love, companionship, support, Guidance, and Solace of the deceased.
The loss of a loved one is devastating. If a loved one has died as a result of another’s negligence or recklessness, contact one of our attorneys to discuss whether you may be able to pursue a compensation.
Who may file a wrongful death claim? [See our previous blog on this issue]
If your loved one died because of another individual’s negligence, contact our office online or call us at (423) 451-4999 for a free consultation to discuss your rights under the law.