If a person is killed by the negligent or intentional act of another, immediate family members may pursue an action for compensation under Tennessee’s wrongful death statute. Under Tennessee’s wrongful death law, there are two types of actions that may be pursued by the family members of a person who is killed in an accident or by the intentional act of another. The attorneys of Nahon, Saharovich & Trotz, PLC (“NST Law”) have many years of collective experience in handling Tennessee wrongful death and Tennessee survival actions and can help you seek just compensation for your loved ones.
A survival action is brought by the personal representative of someone who has been killed to compensate for the damages suffered by the deceased including pain and suffering and actual expenses incurred from the incident until the time of his death. The crux of a survival action is that damages are awarded for the damages actually suffered by the deceased.
A wrongful death action awards to immediate family of someone who is killed for their own suffering and loss as a result of the death of their loved one. The husband, wife, parent or child of the person who was killed may bring a wrongful death action. To pursue a civil claim for wrongful death, the immediate family member that files the claim must establish certain elements:
While any negligent or intentional act that causes the death of another can be the basis of a wrongful death action, there are a number of types of cases that commonly give rise to wrongful death claims, such as:
As a general rule under Tennessee wrongful death law, one can recover both economic and non-economic losses. Economic damages is the term used to refer to actual economic loss, such as medical bills and lost earnings. Non-economic damages include loss of love, comfort, and affection resulting from the death of a loved one. However, the pain and suffering of the decedent is not recoverable through the wrongful death action but only through the survival action brought by the estate of the decedent. An experienced Tennessee wrongful death lawyer will help make sure the jury understands how long the deceased was conscious and the degree of suffering that must be compensated. Damages available in a wrongful death action include the following:
To determine damages, the court will consider factors such as the age, intelligence, education, and earning capacity of the deceased as well as the circumstances of the immediate family members who bring the action. This can be very difficult to establish and involves a certain degree of speculation about the decedent’s age, life expectancy, and potential earning capacity. Under Tennessee wrongful death law, pecuniary loss is not limited to the deceased’s actual income, which is important in the case of retired persons and small children. At NST Law we often employ the services of an economic expert to establish the lost future income in difficult cases where a person was not employed or had no earning history.
For over 24 years, NST Law has assisted clients through the difficult period of time following the death of their mother, father, sister, brother, husband, or wife. In many cases, a family has to replace its primary wage earner. Therefore, in a Tennessee wrongful death case, our goal is to help surviving loved ones recover as much compensation as legally possible. To help families recover maximum compensation, our attorneys analyze trends in Tennessee wrongful death cases and study Tennessee wrongful death jury verdict statistics.
Super Lawyers has recognized many lawyers at NST Law as being in the top 5% of lawyers in their practice areas. If someone you love has been killed by the careless or intentional misconduct of another, you should contact NST Law today for a free initial consultation on your case.