Few experiences in life are more painful than that of losing a loved one. If you lost someone due to the wrongful action of another, you may be feeling even more confused and upset.
In Tennessee, you have the right to seek compensation from someone who causes your loved one’s death. Your remedy may lie in a wrongful death lawsuit in Gallatin County. While money can’t bring back your loved one, it may help ease the financial burdens you face as a result of their death. It is also a means to hold the wrongdoer accountable for their actions.
If you would like to learn more about your options, a wrongful death attorney from Flora Templeton Stuart Accident Injury Lawyers can help. We have been assisting injured victims and their families for 45 years. We understand the laws regarding wrongful death in Tennessee, and we can help you understand your options.
Wrongful death is a legal cause of action that permits close family members to seek compensation when they lose a loved one due to the negligent, reckless, or intentional actions of others.
A wrongful death claim is a bit different from other types of personal injury claims. Most injury claims focus on the accident victim. But wrongful death claims seek to compensate family members for the financial and emotional losses resulting from the death of a close loved one.
The legal concept of wrongful death recognizes that the tragic consequences of a fatal accident affect more than just the person who loses their life. A person’s death also takes a financial and emotional toll on those that are close to them.
The laws regarding wrongful death are different in every state. That’s why it’s important to talk to a Gallatin wrongful death lawyer about your claim in Tennessee. A local lawyer will understand the laws that apply to your specific circumstances.
A wrongful death can arise any time someone’s death is caused by the wrongful actions of another. Such acts may be intentional, such as assault or even intentional murder. But more often, they arise from carelessness or recklessness on the part of the wrongdoer.
The most common cause of wrongful death is vehicle accidents. These may include:
All drivers on the road owe a duty to others to drive safely and follow traffic laws. When someone violates this duty and their actions lead to another’s death, they can be held responsible under Tennessee’s wrongful death laws.
One of the most tragic causes of wrongful death arises from drunk and impaired driving. Tennessee saw 290 drunk driving fatalities in 2019 . In fact, drunk driving accounted for a staggering 26% of driving fatalities.
If you lost a loved one due to drunk or impaired driving, you may have a claim for additional compensation in the form of punitive damages. Unlike other types of damages, which serve to compensate someone for their losses, punitive damages serve to punish and deter wrongful behavior. Because driving under the influence constitutes reckless behavior, it can support a punitive damages award. Your attorney can advise you of how these types of damages might come into play in your case.
Premises accidents are those that occur due to a defect on someone’s property—for example, a wet floor at the grocery store, an icy sidewalk at an apartment building, or a falling object at a construction site.
Although many premises accidents luckily do not result in fatalities, others can have tragic consequences. Someone may suffer a fatal injury after being hit by a falling object or taking a blow to the head following a fall. In fact, falls are the leading cause of traumatic brain injury, which is, in turn, a major cause of death in the U.S.
Older individuals are at particular risk of death following a fall. In fact, falls are the leading cause of death among individuals 65 and older. AARP reports that 20-30% of people over 65 who suffer a broken hip pass away within 12 months.
Property owners have a duty to keep their premises reasonably safe for visitors. This duty is particularly high when owners invite others onto their property to do business, like when retailers invite customers into their store to shop.
Store owners must regularly inspect their premises for dangers. If hazards are found, owners must take affirmative steps to remedy or warn customers about them. If someone suffers a fatal injury because a property owner neglected this duty, they may be held responsible in a Gallatin wrongful death lawsuit.
In Tennessee, the personal representative of the deceased person’s estate may bring a wrongful death claim on behalf of the person’s loved ones. Alternatively, a surviving spouse may bring a claim in his or her own name. If there is no surviving spouse, then the deceased person’s children or next of kin may bring a wrongful death lawsuit in Gallatin County.
If you are considering pursuing a wrongful death claim, it is important to seek the help of a qualified attorney. Wrongful death claims are complicated.
You will need to gather substantial evidence, which may include opinions from expert witnesses regarding the cause of your loved one’s accident and the value of your damages. A successful wrongful death claim also requires extensive knowledge of Tennessee’s wrongful death laws and experience litigating these types of claims.
It could be extremely costly to try to pursue a wrongful death claim without a lawyer. This is inadvisable, especially since you can obtain the services of a Gallatin wrongful death lawyer with no upfront cost to you.
At Flora Templeton Stuart Accident Injury Lawyers, we don’t get paid unless we win your case. We will front the cost of litigating your claim, including the cost of investigation and expert witnesses. If we don’t recover compensation for you, then you owe us nothing. When we negotiate a settlement or win a jury verdict, we take a portion of your settlement to cover our fees.
The damages available in a Tennessee wrongful death lawsuit are broad. They include both losses suffered by the deceased person and those suffered by their loved ones, such as:
Tennessee typically caps the total available damages for loss of consortium at $750,000. However, if the deceased person left behind minor children, the cap increases to $1,000,000.
The best way to determine how much you can recover for your wrongful death claim is to consult an attorney. Once they review your individual circumstances, your lawyer can give you an estimate of what they believe your claim is worth.
The professional and knowledgeable attorneys at Flora Templeton Stuart Accident Injury Lawyers have recovered millions of dollars on behalf of clients just like you. We pride ourselves on personalized and compassionate service that puts your needs first. We will even travel to you if you can’t make it to our office.
We know how difficult this time is for you. On top of losing your loved one, you may be struggling to pay bills and figure out how to move forward with your life. Let us help. Call us today or contact us online for a free consultation to discuss your options and learn what we can do for you.