If you lost a loved one due to someone else’s wrongful actions, you probably feel overwhelmed with sadness, anger, worry, and anxiety. How will you cover the costs of the funeral? How will you provide for your family’s financial needs? How will you get by without the care and support of your loved one?
The Fayetteville wrongful death attorneys at Morris, King & Hodge, P.C., can help you through this difficult time. Let us seek accountability from the responsible parties by pursuing a wrongful death claim for the compensation your family deserves. We know that no amount of money can ease the pain of your loss. However, it can help you overcome the financial challenges brought on by your loved one’s untimely death.
Contact the law firm of Morris, King & Hodge, P.C., today for a free consultation with a wrongful death lawyer in Fayetteville, TN.
About Fayetteville Wrongful Death Claims
Tennessee law defines wrongful death as a death resulting from injuries inflicted by another person or the wrongful act, omission, or killing by another person that would have entitled the deceased to file a personal injury lawsuit against the wrongdoer had they lived.
Typically, a wrongful death case is filed against the at-fault party, which could be an individual, a medical professional, a contractor, a corporation, or another entity. The claim details the evidence of negligence and losses the surviving family members suffered. Often, wrongful death cases are settled out of court, with an insurance company paying a negotiated settlement.
Ideally, the at-fault party’s insurance company will agree to fairly compensate the surviving family members for their losses. If the insurer fails to do so, the family’s attorney can file a wrongful death lawsuit in civil court. Sometimes the prospect of a lengthy and expensive trial will force the other side to settle on more generous terms for the family. If not, an experienced attorney can aggressively pursue maximum compensation at trial.
Who Can File a Wrongful Death Claim in Tennessee?
Under Tennessee law, only certain family members can file wrongful death claims after losing a loved one. Those family members, in order of priority, are as follows:
- Surviving spouse
- Surviving children or next-of-kin if there is no surviving spouse
- The decedent’s personal representative or executor/administrator of their estate
- Surviving parents if the decedent was a minor or dependent on them
Requirements to File a Wrongful Death Claim in Tennessee
Not every death is a wrongful death under the law. To file a wrongful death case, the surviving family must be able to prove the following:
- The wrongdoer owed a duty of care to the deceased.
- The wrongdoer breached that duty.
- Their loved one’s death was directly caused by the wrongdoer’s negligent, reckless, or wrongful actions or inaction.
- The surviving family members suffered measurable losses due to their loved one’s death.
To prove the elements of wrongful death, an attorney might gather the following types of helpful evidence, depending on the circumstances:
- Photos and videos
- Medical records
- Death certificate
- Autopsy report
- Police report
- Financial records
- Business records
- Criminal records
- Eyewitness statements
- Expert testimony
It is important to note that a plaintiff does not have to prove that the defendant committed a crime to pursue a wrongful death lawsuit. Wrongful death cases are brought in civil court rather than criminal court. Whether the defendant is charged with or convicted of a crime has no bearing on whether the plaintiff can file a wrongful death lawsuit against them.
Potentially Available Compensation for Beneficiaries
With the assistance of a Tennessee wrongful death lawyer, beneficiaries may be able to pursue the following compensation:
- Funeral and burial expenses
- The costs of the decedent’s medical expenses incurred after the injury but before their death
- The decedent’s lost wages and lost future earning capacity
- The decedent’s physical pain and suffering
- The survivors’ loss of their loved one’s care, guidance, companionship, and society
- The survivors’ mental anguish and emotional distress
Common Accidents Resulting in Wrongful Death Claims
Many types of accidents can result in wrongful death claims, including:
- Car accidents
- Pedestrian accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Defective or malfunctioning products
- Unsafe property or premises
- Dangerous prescription drugs
- Workplace accidents
- Medical malpractice
- Birth injuries
- Dog attacks
- Construction accidents
- Industrial accidents
How Our Tennessee Wrongful Death Attorneys Can Help
If you have lost a loved one due to someone else’s wrongdoing, you need a compassionate, experienced wrongful death attorney who can handle your case while you focus on grieving.
Our Tennessee wrongful death lawyers stand ready to help you by:
- Gathering evidence of negligence or wrongdoing
- Documenting and quantifying your family’s losses
- Representing your family in interactions with insurance companies
- Submitting a detailed wrongful death claim with the at-fault party’s insurer
- Negotiating with the insurer for a fair settlement
- Pursuing a wrongful death lawsuit if a settlement cannot be reached
- Seeking maximum compensation at trial
Keep in mind that Tennessee’s statute of limitations sets a one-year deadline to file a wrongful death lawsuit. The clock starts ticking on the date of your loved one’s death. One year might seem like an eternity when you are grieving the loss of your loved one, but building a solid wrongful death case can take months of work. Do not hesitate to contact a wrongful death lawyer to discuss your situation and learn about your legal options for seeking justice for your loved one’s untimely death.
Contact a Wrongful Death Lawyer in Fayetteville, TN
If you lost a loved one due to someone else’s wrongful actions in Fayetteville, TN, the wrongful death lawyers at Morris, King & Hodge, P.C., are here for you and your family. We know the pain you are experiencing because we have helped many other Tennessee families through similar experiences. Our attorneys can pursue a wrongful death lawsuit for your family’s losses while you focus on supporting one another.
Contact Morris, King & Hodge, P.C., today to speak with a knowledgeable lawyer about a wrongful death lawsuit in Tennessee during a free case review.