What is Wrongful Death?
When a devastating accident leads to a loss of life, the victim’s loved ones can file a claim for wrongful death against those responsible for the death. The rules for filing a wrongful death claim are more complex than filing a lawsuit for personal injuries, and many families run the risk of losing their right to compensation for wrongful death by attempting to navigate this complex process alone. At Mitch Grissim & Associates, our Nashville wrongful death lawyers are here to help your family after a tragic loss. Call the office or contact us today to schedule a free consultation of your case.
Tennessee Wrongful Death
Tennessee statutes define wrongful death as one that was caused by injuries received from another or caused by the wrongful act, omission, or killing by another. Another way to think of a wrongful death claim is that, but for the loss of life, the victim in the accident would have otherwise been able to file a personal injury claim. However, since the victim died as a result of their injuries, the family of the victim files a lawsuit for damages in their place.
A wrongful death claim is a civil action for compensation, and it is important to understand that this is different than criminal charges that may be filed against those responsible for the loss of life. In addition, criminal charges are not required to file a civil case for wrongful death, although a criminal conviction can be used as compelling evidence in a wrongful death claim. The evidentiary standard is also lower in civil cases, requiring only that the judge or jury believe by a preponderance of the evidence that the wrongdoer is guilty of the offense, which makes it easier for the family of the victim to be compensated for their loss.
Understanding Liability For Wrongful Death
Understanding liability for wrongful death is an important part of filing wrongful death lawsuits. Wrongful death lawsuits seek to hold a negligent party or parties responsible for the death of an individual. A wrongful death case requires a wrongful death claim to be filed in order to recover damages from the negligent party. In order to bring a wrongful death action, the wrongful death statute must be understood.
The wrongful death statute defines the liability of a negligent party, and it outlines the legal proceedings that must be taken in order to bring a wrongful death lawsuit. It also determines who can bring a claim, as well as the damages that can be recovered. Additionally, the wrongful death statute determines the elements that a plaintiff must prove in order to win a wrongful death case.
Furthermore, the wrongful death statute may also include provisions pertaining to comparative negligence, which is an important concept to understand when filing a wrongful death lawsuit. Comparative negligence determines whether plaintiffs in a wrongful death action are partially liable for the death, and it affects the amount of damages that can be recovered in wrongful death claims. Understanding liability for wrongful death is essential for those who wish to bring a wrongful death lawsuit and seek justice for the death of an individual.
The Damages in a Wrongful Death Case
The damages in a wrongful death case can vary depending on the circumstances behind the death. When a person dies due to the wrongful acts of another, the immediate family members may be able to recover financial compensation for their loss. In a wrongful death case, damages may include medical bills related to the death, funeral expenses, loss of wages, and pain and suffering. Additionally, if the wrongful death was caused by medical malpractice, punitive damages may be awarded in order to punish the negligent party.
In order to recover compensation, wrongful death must be established with reasonable doubt. This requires evidence such as medical records, police reports, and witness testimony. Additionally, wrongful death must be proven to be due to the negligence of one or more persons. If this is established, the immediate family members may be able to recover compensation for the wrongful death of their loved one.
The damages in a wrongful death case can be significant, and they can help the immediate family members to cope with the loss of a loved one. It is important to understand the wrongful death statute and the legal elements that must be proven in order to recover compensation. Additionally, having a strong understanding of the evidence needed to establish a wrongful death case is essential for those who wish to seek justice for the death of an individual.
Comparative Negligence in Wrongful Death Cases
Comparative negligence is a legal defense often used in wrongful death cases. In a wrongful death case, the surviving family members must prove wrongful death in order to recover damages. Comparative negligence is a legal defense that may be used to reduce the amount of damages awarded if it is found that the deceased person was partially responsible for their own death.
For example, if the deceased person was found to be partially responsible for their own death due to their own negligence, the damages awarded to the surviving family members may be reduced. This can be due to a variety of factors such as the degree of negligence of the deceased person or the severity of the injury that caused the death.
In addition to reducing the damages awarded, comparative negligence can also be used to reduce the amount of funeral and burial expenses that are paid out of the deceased person’s estate. This can be due to the fact that the deceased person may have been partially responsible for their own death. In such cases, the surviving family members may not be able to recover the full amount of funeral and burial expenses that they would have been able to if the deceased person was not partially at fault.
Comparative negligence can be a difficult concept to understand, and it is important to understand the legal elements that must be proven in order to establish wrongful death in order to recover damages. Additionally, it is important to understand the legal implications of comparative negligence in wrongful death cases in order to ensure that the surviving family members are able to recover the full amount of damages that they are entitled to.
Establishing Wrongful Death
Establishing wrongful death is a crucial part of filing a wrongful death lawsuit. Wrongful death lawsuits seek to hold a negligent party or parties responsible for the death of an individual. In order to bring a wrongful death lawsuit, family members must prove that the death was caused by the negligence of one or more persons. This requires a wrongful death claim to be filed, which outlines the legal proceedings that must be taken in order to establish wrongful death.
The wrongful death claim must be able to prove that the death was caused by the negligence of one or more persons. This requires evidence such as medical records, police reports, and witness testimony. Additionally, the claim must prove that the negligent party or parties are liable for the death of the individual. This requires an understanding of the statute, which outlines the legal elements that must be proven in order to establish death.
The claim must also prove that the family members of the deceased individual have suffered damages due to the death. This requires evidence such as medical bills, funeral expenses, and loss of wages. This evidence must be presented in order to establish wrongful death and to recover damages in a wrongful death suit. Establishing wrongful death is essential for those who wish to bring a wrongful death lawsuit and seek justice for the death of an individual.
Damages To Be Recovered In A Wrongful Death Lawsuit
In a wrongful death lawsuit, the damages that can be recovered will depend on the state’s own wrongful death statute. Generally speaking, the damages that can be recovered in a wrongful death lawsuit include medical and funeral expenses, loss of companionship, pain, and suffering, and loss of future earnings. Additionally, in some cases, punitive damages may be awarded in order to punish the negligent party.
In a car accident wrongful death case, for example, the damages that can be recovered may include medical and funeral expenses, as well as damages for any pain and suffering experienced by the deceased person. Additionally, the decedent’s estate may be able to recover damages for loss of companionship, as well as any future earnings that the deceased person would have earned had the death not occurred.
In order to be successful in a wrongful death case, there must be evidence that the death was caused by the negligence of one or more persons. This can include medical records, police reports, and witness testimony. Additionally, it is important to understand the legal elements that must be established in order to recover damages in a wrongful death case. In some cases, a criminal case may also be filed in order to seek justice for the wrongful death of an individual.
Damages in a wrongful death case can be significant, and they can help the surviving family members to cope with the loss of a loved one. It is important to understand the wrongful death statute in your state and the legal elements that must be proven in order to recover damages. Additionally, having a strong understanding of the evidence needed to establish a successful wrongful death case is essential for those who wish to seek justice for the death of an individual.
Who Can File A Wrongful Death Claim?
The law in Tennessee allows either a family member of the victim or the victim’s personal representative for their estate file a claim. The person with first priority to file is the victim’s spouse. If there is no surviving spouse, then the following family members, in order, have priority to file a claim on behalf of the deceased:
- Surviving children
- Personal representative of the estate
- Surviving parents, if the victim was a dependent at the time of death
- The administrator of the estate, if the victim was a dependent at the time of death
Family members only have one year from the date of death to file a claim against a wrongdoer in a fatal accident. Known as the statute of limitations, failure to file in this window means that the court can throw out the lawsuit and bar loved ones from collecting damages for their loss. This is why it is critical that you have an experienced Tennessee wrongful death attorney handle your case.
Talk to Our Office
If you would like to speak with a Tennessee wrongful death attorney, call or contact Mitch Grissim & Associates in Nashville today to schedule a free consultation.
