What Does It Take To File A Wrongful Death Lawsuit?

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When someone dies as the result of another person's negligence or recklessness, the decedent's surviving family members can take legal action through the Tennessee civil justice system.

When someone dies as the result of another person’s negligence or recklessness, the decedent’s surviving family members can take legal action through the Tennessee civil justice system. By filing a wrongful death lawsuit against the parties, recovery of damages could be obtained. Typical fatal incidences that give rise to such suits include automobile accidents, medical errors, nursing home neglect, product liability, drowning, premises liability and more.

Defendants in a wrongful death lawsuit could be individuals such as negligent or drunk drivers, doctors, hospitals, medical staff, business owners, auto manufacturers, government agencies in charge of road maintenance, and others. In most cases, the law allows only immediate family members, like spouses and children, to sue or parents if the deceased was a child or unmarried adult. However, exceptions exist in which stepchildren, grandparents and others may file such a lawsuit.

Damages that could be recovered include economic and noneconomic damages. Typical claims include medical expenses linked to the incident, expenses related to end-of-life arrangements, the decedent’s lost earnings — current and future, loss of potential inheritance, and property damages. When it comes to noneconomic damages, anxiety, grief, pain and suffering, and loss of consortium and companionship are but some of the emotional damages that can be claimed.

This is a complicated field of the law, and survivors typically have many questions about their legal rights and how to proceed. For this reason, the support and guidance of an experienced Tennessee wrongful death attorney can be invaluable. A lawyer can help with establishing negligence and present the claim before the statute of limitations expires.

Davis, Kessler and Davis

Davis, Kessler and Davis

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