Unfortunately, many accidents lead to fatalities. Deaths can result from serious car or truck accidents, dog bites, and even slips and falls. If your family member was killed as a result of someone else’s negligence, you are entitled to take legal action against the liable parties. These types of claims are known as “wrongful death” claims, and they typically seek to recover damages incurred by the surviving family members of the deceased. They also often seek to enforce punitive damages meant to punish the negligent parties that caused the fatal accident.
If your loved one was killed in an accident and you believe another person, company, or entity is at fault, contact our Nashville wrongful death attorneys to learn more about your legal options. At Jeff Roberts & Associates, PLLC, we understand how painful it is to learn that your family member’s death could have and should have been avoided. We are here to help you fight for the justice and fair recovery you are owed.
We offer completely free, no-obligation consultations. Contact us online or by phone at (615) 205-0904 to schedule a meeting with our team today.
What Is a “Wrongful” Death?
According to Tennessee law, a death is considered “wrongful” if it was directly or indirectly caused by an act of negligence. In other words, if a person is killed through no fault of their own, their death may be considered “wrongful.”
A death may be wrongful if it was caused by:
- A distracted, drunk, or otherwise negligent driver
- A truck driver that did not receive adequate training from the trucking company
- A dog attack in which the owner failed to properly restrain the dog
- A motorist who failed to yield the right-of-way to a pedestrian in a crosswalk
- Dangerous property conditions that could have or should have been fixed by the owner
These are just some examples of how negligence can lead to wrongful death. There are many other instances in which a death could be considered “wrongful.” It is important that you speak with a qualified wrongful death attorney in Nashville who can examine the unique circumstances involved in your case. Our team is here to answer your questions, address your concerns, and provide you with compassionate legal counsel throughout the process.
Who Can File a Wrongful Death Claim in Tennessee?
Unfortunately, you cannot file a wrongful death claim if your friend or non-relative was killed in a negligent accident.
In Tennessee, only certain family members and other individuals can file a wrongful death claim, including:
- The surviving spouse of the deceased
- Children of the deceased, if there is no spouse
- Next of kin, if there are no surviving children
- The parent(s), if the deceased was a dependent at the time of death
- The personal representative or administrator of the deceased’s estate
Those that file a wrongful death claim can seek compensation for certain damages, including cost of medical treatment prior to death, lost earning ability at the time of the accident prior to death, loss of enjoyment, funeral and/or burial expenses, loss of projected income, loss of love and/or companionship, and mental/emotional distress and suffering. Surviving family members may also seek compensation for any expenses incurred as a result of their loved one’s death and/or treatment prior to death.
How Long Do You Have to File a Wrongful Death Claim?
The statute of limitations, or time you have to file a claim, for wrongful death in Tennessee is one year from the date of death. For this reason, it is vitally important that you act relatively quickly if you believe your family member’s death was caused by someone else’s negligence. If you are not sure if you have a wrongful death claim, our attorneys are happy to meet with you and discuss the details or your case. We have nearly 20 years of experience handling all types of personal injury and wrongful death claims, and we know the ins and outs of the law. Most of all, we are committed to helping you fight for the justice and recovery you and your family are owed.
Learn more when you call our Nashville wrongful death lawyers at (615) 205-0904. We can help you work to hold the negligent parties accountable for your loved one’s death.