Nashville Wrongful Death
Losing a loved one is always difficult, but it is even more devastating when that loss could have been prevented in the first place. If your loved one was killed in an auto accident, trucking accident, or due to medical malpractice, unsafe medication use, or nursing home neglect, you may be able to pursue a wrongful death claim on behalf of that loved one. Tennessee has its own wrongful death statute to allow a claim to be brought if someone passes away as a result of a negligent act or omission that would have entitled the deceased to bring a personal injury claim if he or she had survived the incident. At Nahon, Saharovich & Trotz, our Nashville wrongful death lawyers are ready to take your call. We have obtained more than $1 billion in recovery for injured parties and their loved ones, and with 33 dedicated lawyers, we are the largest plaintiff’s personal injury law firm based in Tennessee.Asserting a Wrongful Death Claim After an Accident in Nashville
Under Tennessee law, a wrongful death occurs when a person’s death is caused by “injuries received from another” or by “the wrongful act, omission, or killing by another.” Only certain people are allowed to bring a wrongful death claim. Pursuant to Tennessee law, the order of preference for asserting a wrongful death claim is generally as follows:
- The surviving spouse of the deceased
- The surviving children or next of kin
- The personal representative of the deceased’s estate
- The surviving parent or parents, if the deceased was dependent on his or her parent(s) at the time of death, and
- The administrator of the deceased’s estate, if the deceased was a dependent at the time of death.
If the wrongful death lawsuit is not filed within the appropriate statute of limitation, the claim will be time barred, which would prevent beneficiaries from being able to recover damages. If you are one of the persons listed above and believe you may be able to assert a wrongful death claim on behalf of a loved one, it is crucial that you contact an experienced wrongful death attorney in Nashville who can discuss your legal standing to bring such a claim. It is important to take action as soon after the incident as possible in case an autopsy or another medical examination needs to be performed. Wrongful death claims are usually complex, and adequate time will be needed investigate the claim and prepare the case for court.What Damages Can Be Recovered in a Wrongful Death Lawsuit?
Tennessee law allows certain individuals to seek monetary damages if they lose a loved one. On behalf of the deceased, claimants may file a civil wrongful death action seeking payment of reasonable funeral and burial costs, loss of earning capacity and loss of enjoyment of life during the time from the deceased’s injury to his or her death, and the deceased’s mental anguish or emotional distress sustained prior to death. Particular family members may also be able to pursue compensation for losses suffered as a result of the deceased’s untimely death, including monetary damages for lost wages and future income of the deceased, physical and mental pain and suffering, and loss of the deceased’s love, society, and companionship. Loss of consortium is an element of damages as well.Seek the Advice of an Experienced Nashville Wrongful Death Attorney
If you have lost a close family member due to a negligent act or omission of another, whether in a car accident, hospital, or nursing home, Tennessee law may allow you to file a wrongful death action on behalf of your loved one and recover damages against the responsible party or parties. Our wrongful death lawyers can help Nashville residents during this trying time. Nahon, Saharovich & Trotz represents people across Tennessee, Mississippi, Arkansas, Kentucky, and Missouri, including in Nashville, Memphis, Knoxville, Chattanooga, Jonesboro, Little Rock, Jackson, Meridian, Tupelo, Columbus, Grenada, Starkville, Oxford, Hayti, and Caruthersville. Call us toll-free at 800-LAW-4004 or complete our online form to set up a free consultation with one of our injury attorneys.