If someone you love died as a result of someone else’s negligent, reckless, or intentional conduct, you may be able to pursue a claim of “wrongful death” against the party responsible for the death. In Tennessee, such claims may be brought by bereaved spouses or parents; executors or administrators of the estate of the person who died; adult children, and, in some situations, other bereaved family members. A minor child’s legal guardians may also bring suit on that child’s behalf.
Wrongful death claims may arise from car accidents, motorcycle accidents, cases of medical malpractice, slip-and-fall incidents, death caused by the use of defective products, or a variety of other circumstances.
By asserting a Tennessee wrongful death claim, you can seek compensation for the medical and funeral bills of the person who died, the conscious pain and suffering that he or she experienced prior to the death, as well as that person’s lost earning capacity from the time of the injury to the time of death. In addition, spouses and children may seek compensation for the loss of various types of emotional and physical support that their loved one would have provided them, as well as for the decedent’s “probable future financial accumulations” over his or her expected lifetime. When parents lose a child through a wrongful death, they, too, can claim compensation for the loss of their child’s companionship and affection, as well as the child’s lost earning capacity.
In cases where the conduct that caused the death was particularly blameworthy, you may also request that punitive damages be imposed. Punitive damages would constitute an additional sum of money that the defendant would have to pay, as a punishment and a deterrent to similar conduct.
The consequences of a wrongful death are real and immediate; however, the emotional losses of those left behind may be difficult to translate into monetary terms, and a person’s probable future earnings are often difficult to measure. In a wrongful death suit, you would benefit from having a knowledgeable and experienced Tennessee personal injury attorney on your side.
Mark Hartsoe became a lawyer because he wanted to stand up and fight for families and people who have had their lives turned upside down by tragic events. He has represented clients in wrongful death cases over the course of more than 27 years. If you are considering pursuing a wrongful death claim, please contact the Hartsoe Law Firm as soon as possible. Don’t delay: Tennessee law sets strict limits on the period of time during which a wrongful claim must be brought; at the end of that period, your claim would be forfeited.
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