Knoxville Wrongful Death Attorneys
Dealing with the loss of a loved one can be emotionally and financially burdensome. This grief is compounded when someone important to you dies due to another’s negligence or carelessness. Wrongful deaths can include deaths resulting from car accidents, medical malpractice, and the use of defective products. In 2020, Tennessee saw more than 800 fatalities due to car accidents alone. Wrongful deaths caused by construction accidents remain one of the top causes of workplace death in Knoxville.
What is considered a wrongful death in Knoxville?
According to Tennessee law, “wrongful death” includes circumstances when one party’s negligence or carelessness causes the death. For example, wrongful death is often the result of careless drivers on Knoxville roads, workplace accidents, or nursing home negligence or abuse.
Common fatal accidents in Knoxville include:
- Car accidents
- Motorcycle accidents (The Dragon, which runs through Vonore, Tennessee, faces an average of 1.5 fatal accidents each year)
- Construction accidents
- Negligent security accidents
- Medical malpractice incidents
- Workplace injuries, including vehicular and transportation operations, material handling operations, and construction, repair, and cleaning tasks
Following the death of a loved one due to another party’s negligence, the surviving family has the right to file a wrongful death claim to receive compensation for that loss.
Who is allowed to file a wrongful death claim under Tennessee law?
Most wrongful death cases are brought to court by the victim’s surviving family. Under Tennessee law, the following individuals have the right to file a wrongful death lawsuit:
- The deceased’s spouse
- The deceased’s children
- The deceased’s parents
- The deceased’s next of kin when that person is different from spouse, parents, or children.
- The personal representative of the deceased, if the deceased does not have close family members who have the right to file a wrongful death claim.
Only one wrongful death claim can be filed due to the loss of a single individual. In the case of more than one person who has the same right to file a wrongful death claim, the surviving family must file a claim together and work out the distribution of damages themselves. For example, a case in which multiple siblings file a wrongful death claim after the loss of a parent.
What is the statute of limitations for filing a wrongful death claim in Knoxville?
Tennessee law provides one year for the surviving family of a victim to pursue compensation for the loss of a loved one. If you do not file a claim within this time limit, the courts may refuse to hear your case, and you may not be able to pursue the compensation you deserve for the loss of a loved one.
What compensation can I get in a wrongful death lawsuit in Tennessee?
The damages you can recover for the loss of a loved one in Tennessee depend on the insurance policy that covers the liable party, the conditions that led to your loved one’s death, and the financial losses your family has faced as a result of that death. According to Tennessee law, you can claim compensation for:
- The loss of financial support provided by the deceased, including the deceased’s wages or assistance and compensation provided to family members
- The deceased’s final medical bills
- Funeral and burial costs
- The loss of the deceased’s companionship, support, and presence
- Mental anguish suffered by the survivors
Calculating the damages you can recover for the loss of a loved one involves looking at several non-financial elements of that loss, like loss of support, companionship or the mental anguish suffered by surviving family members. Working with a Knoxville personal injury lawyer can make it easier to break down and pursue the compensation your family deserves. An attorney can also help ensure that you know your loved one’s final expenses and the expenses your family has faced due to the loss, making it easier to put together an effective claim.
How do I file a wrongful death lawsuit in Knoxville?
To file a wrongful death lawsuit in Knoxville, start by contacting an experienced wrongful death attorney who can help walk you through the process and give you a better idea of the compensation you deserve. Do not accept a settlement offer issued by the liable party’s insurance company without talking to an attorney. That settlement may not reflect the compensation you deserve for the loss of a loved one.
Your attorney can guide you to collect evidence related to your loved one’s death. If your loved one had already started a personal injury claim before their death, that information might serve as the foundation of your claim. On the other hand, if your loved one did not have the chance to start a personal injury lawsuit, you may need to work with the attorney to help gather much-needed evidence. This includes:
- Witness accounts of the accident
- Any video footage that could show how the accident took place
- Your loved one’s medical records
- Bills your family faced due to the accident and the loss of your loved one, including any final expenses like funeral and burial expenses.
Do not deal with the insurance company directly. Instead, move those communications through your attorney so that you can increase your odds of recovering the compensation your family deserves for the immense loss you suffered.
At NST Law, we help our clients understand the compensation they deserve for losing a loved one and fight for it when necessary. We provide support at every step in the claim process, from collecting evidence to filing a claim and helping ensure that our clients have a solid understanding of their legal rights following the death of a loved one due to someone else’s careless actions.
Consult with the wrongful death attorneys at NST Law
At NST Law, we have recovered more than $1.5 billion in verdicts and settlements for our clients. That includes:
- More than $6.3 million for the family of a retired 65-year-old man killed in a truck accident
- $1.3 million acquired in an auto accident wrongful death settlement after the loss of a fetus
Our team of experienced wrongful death attorneys will start with a free consultation that will provide you with a better idea of what to expect as you move forward with a wrongful death claim and us with a comprehensive look at your case. We will then gather evidence and identify the party or parties that contributed to the loss of your loved one. Finally, we will use this evidence to create a claim that will help establish the compensation your family deserves for everything from final medical expenses to the anguish your family suffered because of your loved one’s loss. Contact us today to learn more about how we can support you through this trying and difficult time.