The death of a loved one is devastating. When that loss is because of someone’s negligence or purposeful actions, it can be even more challenging to accept. It is natural to feel like there is no justice in the world. Death also comes with challenges many people do not discuss. In addition to missing their companionship, you and your family may struggle financially if your loved one was the main provider. With medical bills and funeral expenses, those financial struggles can be overwhelming.
A seasoned Goodlettsville wrongful death lawyer at Ponce Law could help. Our compassionate personal injury attorneys have years of experience helping those who have unexpectedly lost a loved one due to another person’s misconduct. Not only could they help you seek damages for your financial and emotional losses, but they could also help you pursue justice, which is essential to the healing process. We truly care about our clients and will work tirelessly to obtain the best results for you.
Not every death is a wrongful death, even if someone else’s actions cause the death. To be “wrongful,” the death must be the result of negligence, recklessness, or willful acts. A legal professional in Goodlettsville could help you explore whether your loved one’s death was the result of a wrongful act.
Under Tennessee Code Annotated § 20-5-106, family members who have lost a loved one due to someone else’s careless, reckless, or intentional actions have the right to file a lawsuit for a wrongful death. In doing so, it is possible to obtain compensation for:
The survivor’s losses may include lost income and loss of companionship and support that the deceased provided because of their relationship.
When wrongful death suits make the news, they often involve intentional actions, like homicide. However, they are only a tiny portion of wrongful death claims. Most of the wrongful death claims filed in civil court are based on negligence or recklessness. Some of the most common causes of wrongful deaths include:
When establishing liability in a wrongful death suit, it is essential to prove:
In addition to proving the elements of a wrongful death claim, a dedicated Goodlettsville lawyer could also ensure that the compensation accurately reflects your physical, financial, and emotional losses.
Not all survivors have the same right to file a wrongful death claim. Instead, people are separated into priority groups. Members of a secondary group can usually only file a wrongful death suit if the people in the higher-priority group are also deceased.
The spouse of the deceased has the priority to bring a wrongful death claim. If there is no surviving spouse, then living children have the right. If there are no surviving children, then any next-of-kin has the right. However, personal administrators may also file suit on behalf of some of the priority persons.
A Goodlettsville wrongful death attorney could determine whether an individual has the right to file a claim, as well as answer any other questions the survivors may have about the process.
Some experts suggest waiting at least a year after the death of a loved one before making any critical decisions. However, the statute of limitations in Tennessee is only one year, so now is the time to initiate a claim. By scheduling a consultation with a Goodlettsville wrongful death lawyer at Ponce Law, you are not obligated to file a lawsuit. Instead, you will get much-needed information to determine the best course of action for you and your family. Call today.
