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The
Legal Definition of Wrongful Death
Wrongful death is defined as the death of a person which
occurs as a result of a wrongful act, omission, or killing
by another person, company or entity. Wrongful acts
include negligence, reckless or carelessness conduct,
manslaughter, murder, assault and battery.
Under
Tennessee law survivors
may sue for damages
If a death occurs as a result of a defendant's wrongful
act or omission, or if the defendant is strictly liable
they may be sued. Tennessee law allows for the surviving
spouse, children, beneficiaries, dependents, next of
kin, or personal representative to bring an action for
monetary damages that have resulted from the victim's
death. These damages include: mental and physical suffering
actually endured by the injured party between the injury
and death, medical expenses, funeral expenses, loss
of earning capacity during the period from injury to
death, and the pecuniary value of the life of the deceased
which is defined as the monetary value including loss
of support, companionship, guidance, advice, love and
affection of the deceased. Under Tennessee law, the
funds recovered are to be free from the claims of creditors.
Grief
stricken families need to initiate prompt legal action
before evidence is destroyed.
The death of a family member as a result of an accident
causes a great deal of turmoil to the surviving family
members. In many cases this turmoil can delay the retention
of legal counsel to investigate the circumstances of
the death and the legal claim. As a result, negligent
parties responsible for causing a death are sometimes
never held accountable to the surviving family members
due to the failure to initiate prompt legal action.
Critical evidence may be lost or destroyed in the days
or weeks after the accident, and complex laws governing
the wrongful death claim may eliminate the possibility
of recovery if the proper legal requirements are not
met.
We provide professional legal
help and free confidential claim evaluations.
If you have had a loved one who has died as a result
of a job injury or under circumstances where you believe
another individual, company or entity may be responsible,
I would urge you to retain an attorney to investigate
this matter as quickly as possible. Negotiating the
complex web of law surrounding wrongful death
claims can be intimidating, but we are happy to provide
the information, that surviving family members and members
of the estate need to ensure that their rights are protected.
Our office has the resources and experience to investigate
the circumstances of potential wrongful death claims
and all potential legal claims, which may be brought.
We do not charge for the claim evaluation, and your
consultation with us is confidential.
For
a free consultation call us at (615) 851-1776.
We
are sensitive to this grief and loss and understand
that one of the most important jobs that an experienced
attorney can perform is to respect the needs of the
surviving family members and to ensure that a thorough
investigation of the accident and possible legal claims
is performed.
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