Wrongful death claims can be raised when a person dies due to either negligence or intentional action of another person. The deceased person's estate or immediate family can file a lawsuit against the person who is to blame for the death. Wrongful death can apply in a number of situations, but a good general rule is if the person would have had a viable claim for personal injury had they survived, then a wrongful death lawsuit would likely apply. Some examples of wrongful death cases include:
Intentional Killing - In the case of murder, the surviving family can file a civil suit for wrongful death separate from the state's criminal case.
Death from Medical Malpractice - Where someone dies due to failure to diagnose an illness or a failure in the care provided a wrongful death lawsuit can be brought against the doctor.
Fatal Car Accident - If the victim dies in a car accident that was not their fault, the responsible party can be sued for wrongful death.
These are just a few examples of viable wrongful death lawsuits. The burden of proof lies with the plaintiff to show that the victim would have lived had it not been for the actions of the defendant.
Like almost all personal injury cases in Tennessee, the statute of limitations for wrongful death claims is one year from the date of the incident giving rise to the death. Therefore, if you believe that negligence was the cause of your loved one’s death, then you must act promptly to preserve your rights.
The best advice we can offer is to arrange to meet with us to discuss the details of the case as soon as possible. We will take care of everything else, including contacting witnesses and gathering evidence while you carry on with the grieving process. It might be necessary to retain experts immediately or we might have to travel to an accident scene to take detailed pictures and measurements – the point is that we need to act promptly to make sure that we gather information before it is lost forever.
We want you to have the answer to why the accident happened but we need to act quickly. If you believe you have grounds for a wrongful death lawsuit, please do not hesitate to get in touch.
Feel free to reach out with any inquiries and we will get back to you as soon as possible, we are here to help!
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