Nashville Wrongful Death Lawyer
Losing a loved one is one of the most devastating times in your life. If their death was caused by the irresponsible or reckless actions of another, speak with a Nashville wrongful death attorney for assistance in bringing them to justice.
In Tennessee, a wrongful death is defined as a death caused by injuries inflicted by another. This could be intentional or accidental; the point is that the defendant’s actions are what caused the decedent to pass away.
This is different from a criminal court case, where the liable party will have criminal charges against them. Instead, a wrongful death claim allows surviving family members to seek compensation for their loss.
When you’re ready to grieve in peace, without the burdens of financial worry and rage, reach out to a Nashville wrongful death lawyer at Raybin & Weissman, P.C. Our firm has dealt with countless wrongful death claims over the years, and we are more than prepared to help you secure the compensation you need to mourn your loss.
We’ll conduct a thorough investigation to establish liability and quantify your damages so that every single loss is considered when we are calculating the value of your Nashville wrongful death claim.
Who Can Pursue a Wrongful Death Claim in TN
Filing a wrongful death claim isn’t as simple as you might think. In order to file the claim, you’ll need to meet the state’s relationship requirements.
First and foremost, the surviving spouse of the decedent will have the opportunity to pursue the claim. If the deceased person did not have a surviving spouse, then the right to file the claim will fall on the surviving children of the decedent, followed by the personal representative of the decedent’s estate.
If neither of these parties apply, then the surviving parents of the deceased will be able to file the claim if the decedent was financially or otherwise dependent on their parents when they passed.
Finally, if the decedent was a dependent person, such as would be the case with a minor child, then the administrator of their estate will have the right to file a wrongful death claim. If you have additional questions about whether you have the authority to pursue a TN wrongful death lawsuit, consult with a seasoned attorney.
How Long You Have to File Your Wrongful Death Claim
The statute of limitations is the amount of time that the person pursuing the wrongful death claim will have to physically get their claim filed within the Tennessee court system. In Tennessee, the statute of limitations expires one year from the date that the decedent passed away.
Should this deadline pass, then the surviving family members will be barred from having their claim heard by the courts, and the opportunity to obtain the compensation they would otherwise be entitled to will be lost.
Your wrongful death attorney in Nashville will be well aware of how long you’ll have to file your claim and will ensure that you meet this deadline so that you can secure the funds that are rightfully yours.
Damages That You Can Seek
It used to be that family members of the decedent were only able to recover damages that the deceased would have been able to obtain if they hadn’t passed away and had been able to pursue a personal injury claim of their own.
However, in recent years, the law has been amended to allow surviving family members of the decedent to secure other damages that they themselves have endured as a result of their loved one’s passing. Some of the various injury damages that can now be sought in a TN wrongful death claim include:
- Lost wages and earning capacity
- Pain and suffering of both the decedent and surviving family members
- Loss of enjoyment of life
- Funeral and burial costs
- Emotional distress of the family
- Loss of the decedent’s love, companionship, and society
- Loss of time
- Loss of additional expenses of the family members
- Punitive damages
In the event that the decedent’s next of kin is a child under the age of eighteen, the damages that are awarded will be placed in a trust for the minor until they reach the age of eighteen or twenty-one, depending on the circumstances of the wrongful death claim.
Contact a Wrongful Death Lawyer in Nashville
You should never be expected to cover the costs associated with the passing of your close relative when their death was caused by the negligent actions of another.
For assistance in securing maximum repayment for the loss of your loved one, you can get in touch with an experienced Nashville wrongful death lawyer at Raybin & Weissman, P.C. by giving our office a call at 615-256-6666 or by filling out the brief contact form we have provided at the bottom of this page. You can also review our frequently asked personal injury claim questions for more information.