Wrongful Death Lawyer in Nashville
A loved one dying unexpectedly is enough of a shock without discovering that negligent behavior from a third party may have been the cause. Every loss is devastating but to feel that others’ negligent actions ripped a life away from you is hard to accept. Families and spouses of wrongful death victims often can’t find closure until the responsible party faces justice and a court of law acknowledges the loss as wrongful death.
The wrongful death attorneys at Larry R. Williams, PLLC, serve the people of Nashville to ensure the courts hold responsible parties accountable for compensations. Often, the offending party is legally required to cover damages such as lost companionship, spouse and family emotional trauma, lost comfort and support (of minor children left behind), and lost relationships.
If the courts find the defendant guilty of engaging in reckless or egregious conduct that resulted in the victim’s death, they may also award punitive damages to the victim’s survivors.
Types of Wrongful Death
Wrongful death can describe any situation in which a person’s death is the result of someone else’s negligence or abuse. The most common wrongful death lawsuits in Nashville involve medical malpractice, workplace safety negligence, automobile accidents, and defective products. Because this is a complex area of law, Nashville wrongful death lawsuits require an attorney who understands wrongful death litigation.
The four principles that make up a wrongful death lawsuit are:
- A defendant’s action or inaction caused someone’s death.
- A defendant is guilty of negligence or misconduct in the victim’s death.
- A surviving party is interested in suing for damages.
- The victim’s death resulted in financial loss.
Tennessee’s original wrongful death laws limit the amount of compensation the surviving family receives to only what the victim would have won had he or she lived through the injury. This law ignored all the pain, suffering, and losses the spouses and families of the deceased had to endure because of the defendant’s negligence. Lawmakers amended the law to encompass all the victims’ and their families’ damages.
According to Tennessee’s statute of limitations, the plaintiff has one year after the date of a loved ones’ death to bring a wrongful death case to court. If surviving family members wish to seek compensation for their losses, they must file a claim within the year – otherwise the courts won’t allow the case to come to trial.
What type of compensation can be awarded in a wrongful death case?
The purpose of a wrongful death lawsuit is not only to give the survivors (friends, family, loved ones) monetary compensation so that they are in the same financial position they would have been in had the accident not occurred, but also to bring a sense of closure and justice. Our Nashville wrongful death lawyers know that no amount of money can bring someone back after a deadly accident, but a successful case can make things easier. You can receive compensation for:
- funeral costs
- medical expenses
- lost income
- loss of anticipated future income
- pain & suffering
- punitive damages
Common wrongful death questions
When a loved one dies unexpectedly, it can be a scary and uncertain time. Here are some common questions:
- What is the deadline for filing a wrongful death case in Tennessee?
You must file suit within one year from the original injury that caused the death. For example; if your family member was injured in a car crash on July 4, 2016 but did not pass away until August 4, 2016, the deadline to file is July 4, 2017.
- Who can file a wrongful death case?
Surviving spouse, children of deceased, parents of deceased, executor of will, or administrator of suit.
- What types of materials will a wrongful death attorney obtain during the investigation?
Police reports, 911 dispatch tapes, statements from witnesses, photographs taken by professionals and/or witnesses, background checks, video footage from security cameras, and more.
- Who receives the recovered money?
Monetary compensation is distributed according to the law, not the decedent’s will, and is divided according to the family dynamic and relationship. If the deceased was married and survived by his/her partner, the spouse gets all the proceeds. If the deceased was married with children, the proceeds are divided equally, with the spouse guaranteed at least one third of the money. If the deceased was not married and had no children, his/her parents are entitled to all the compensation. These rules are not set in stone. Our Nashville wrongful death lawyers are happy to answer questions about more complex situations.
Experienced Nashville Wrongful Death Attorneys
Wrongful death cases can be arduous, with several factors to consider before a judge ascertains responsibility and awards compensation. The plaintiff must prove fault, along with some form of negligence or abuse. In many cases, this is difficult – especially if it concerns a patient who switched health care facilities and professionals many times before his or her death. There are dozens of different types of wrongful death cases and each deserves due care.
Don’t go it alone
At Larry R. Williams, PLLC, we’re here to provide you peace of mind during an otherwise stressful experience. Our compassionate Nashville wrongful death attorneys will handle your case with professional ease and courtesy. We’ll gather the appropriate evidence and resources to support your claims and argue for you in a court of law. If you or your family is thinking about filing a wrongful death suit after the death of a loved one, speak to a personal injury attorney right away.
Wrongful death cases in Nashville are complex and often take longer than other negligence cases to settle. Additionally, they can be emotionally harrowing for victims’ families. Trust the capable hands of Nashville’s finest personal injury attorneys – the firm of Larry R. Williams, Attorneys at Law. Call us at (615) 256-8880, or contact us online today.