Hendersonville Wrongful Death Attorney
The tragedy of an unexpected death is a terrible loss to deal with. Families may feel brokenness, friends are at a loss, and everyone close to the person who passed away feels a missing piece in their lives. Unfortunately, death is a reality that everyone faces at some time or another.
What makes things even more difficult is when a wrongful death occurs. Wrongful death is defined as a legal action brought against the responsible party who caused the death, usually in the absence of a trial in a court where there is criminal defense. A wrongful death could be the result of several scenarios, including a car accident, medical malpractice, defective product liability, unsafe business properties, nursing home abuse, and other dangerous accidents.
These tragic incidents may have been preventable if not for someone else’s negligence, and family members of the victim can pursue a wrongful death lawsuit against the at-fault party with the help of a wrongful death lawyer.
Who Can File a Wrongful Death Claim?
Tennessee laws allow only certain individuals to file a claim in the event of wrongful death. First, the surviving spouse can initiate the proceeding. Adult children can also begin the claims process. If the deceased person is unmarried, their parents have the right to file claims. If the only surviving family member after a wrongful death is a minor, then a personal representative is allowed to file on their behalf. In most cases, only an immediate family member has the legal right to initiate a lawsuit against the responsible party.
When Can You File?
In the state of Tennessee, wrongful death cases must be initiated soon after a loss of life. The statute of limitations does not allow a lawsuit to be brought against the guilty party if at least one year has passed since the date of the victim’s passing. There are a few exceptions to this rule. Although the time after a loss is devastating and the prospect of enduring a legal battle could be overwhelming during this emotional time, initiating claims promptly is crucial.
What Happens in Wrongful Death Claims
Multiple stages occur in a lawsuit of this nature, and navigating the various aspects legally is crucial for family members who want to have a chance of winning a fair settlement.
Does the Term “Wrongful Death” Apply?
To file claims against the negligent party, there must be a death that occurred as a direct result of the incident. Plus, there must be a liable party that can be held responsible for the loss. If no one is guilty of any wrongdoing or the victim died due to their actions alone, then there are no grounds for a wrongful death claim.
What are the Damages?
Assessing damages in a wrongful death can include losses that are both monetary and non-monetary. Monetary damages would include financial losses like funeral costs, burial costs, lost wages, and other similar factors. Nonmonetary damages could include emotional distress and pain and suffering. Though it is hard to calculate how much money these are worth, they can still factor into the lawsuit.
Winning Fair Compensation
Money can never replace the loss of a loved one, and no one would dispute that. However, a family may be facing difficult financial struggles after the death of a valued parent, spouse, child, sibling, or another family member. These struggles can be legally addressed via fair compensation from a wrongful death case. In the same way that a personal injury claim can help injured victims recover expenses from medical bills, grieving family members can win a settlement to cover funerals, lost income, and emotional damages.
Obtaining Some Justice for the Negligence of Others
Whether the responsible party is a property owner, driver, medical practitioner, or business, your loved one passed away because of their negligence. Although it cannot bring the victim back, these cases can hold people accountable for their actions and hopefully prevent future wrongdoing by making them pay for their mistakes.
All of these stages in the claims process will be made far easier with the help of Hendersonville wrongful death lawyers.
Why Hire a Wrongful Death Lawyer?
In short, a Hendersonville wrongful death lawyer with Mitch Grissim & Associates can guide you through a legal process that is complex and overwhelming, especially for those dealing with grief after the loss of a loved one.
Assist With Building Your Case
Wrongful death attorneys from our law firm have handled many cases similar to your own. The most difficult part of a case is proving that the liable party is at-fault for the incident that led to the death. A lawyer who is well-versed in wrongful death law and related practice areas understands what type of evidence is needed for the best chance of winning a settlement.
Earning Fair Compensation for Damages
In addition to helping strengthen your case, a Hendersonville wrongful death lawyer can assess the damages you have incurred as a result of the death and negotiate for a better settlement to help your family in their time of need. We have helped many clients in other cases obtain a higher financial settlement than the initial offer that was given, and we accept no payment fees unless you win.
Providing Steadiness in a Time of Emotional Turmoil
Losing someone you love is devastating, and the last thing on your mind may be wanting to pursue a legal battle. Fortunately, a lawyer from our firm can handle the bulk of the legal issues, providing you with the comfort level that you need for this process to work as you grieve. We pride ourselves on understanding the needs of every client, and we provide the legal services necessary to bring you peace of mind during the claims battle.
Contact the Wrongful Death Lawyers at Mitch Grissim & Associates
Call us today at 615-255-9999 for a free consultation about your case. We want to be sure that you understand the process upfront and would be happy to discuss the details of your case before signing any contract.
If you have lost a loved one because of the actions of another party, consider hiring one of our lawyers today. We serve the city of Hendersonville proudly, as well as the surrounding areas in Middle Tennessee.
Hendersonville Practice Areas
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- Hendersonville Wrongful Death Attorney