What Qualifies as a Wrongful Death Lawsuit?

In cases where someone’s death is caused by another party’s negligent conduct – a drunk driving accident or a botched surgery, for example – the victim’s family can file a wrongful death lawsuit.

A wrongful death lawsuit cannot bring back your loved one, but it can help you secure a degree of justice on their behalf — and financial security for the family left behind. The Tennessee wrongful death attorneys at The Terry Law Firm have more than 50 years of experience in personal injury law and are well-versed in wrongful death claims.

To learn more, contact our office for a free consultation about your legal options.

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a type of personal injury claim in which you seek compensation for your loss from whoever is liable for your family member’s death. If you can demonstrate that your family member died due to someone else’s negligent or intentional act, you can seek restitution for your loss.

Some common causes of wrongful deaths include:

• Motor vehicle accidents
• Defective products
• Premises liability injuries like slip-and-fall accidents
• Intentional assaults and killings
• Medical malpractice

Elements of Wrongful Death Lawsuits

Like all personal injury claims, wrongful death suits rely on the concept of negligence or, in less-common circumstances, intentional act.

To prove a case involving negligence, you have to show that the liable party had a duty to take reasonable care to avoid injuring or killing your family member. Examples of negligence driving while impaired or failing to properly maintain a business or workplace.

If you provide enough evidence to show your family member died due to negligence or an intentional act, you can claim financial compensation for certain economic and non-economic losses. Our attorneys can tell you more about what you might be able to recover through a wrongful death claim.

Wrongful Death FAQs

Here are the answers to some common questions about wrongful death lawsuits in Tennessee:

• Who can file a wrongful death lawsuit? Only certain family members can file a wrongful death claim in Tennessee. They are, in order:
  • Surviving spouse
  • Surviving children, if there is no surviving spouse
  • Surviving siblings, if there is no surviving spouse or children
  • The personal representative or administrator of the deceased’s estate
  • The deceased’s surviving parents, if the deceased was financially dependent on their parents when they died
• How hard is it to prove wrongful death? Wrongful death claims can be challenging to prove. A good wrongful death lawyer will know where to look for many different kinds of evidence to substantiate your cases, such as accident reports, medical records, expert witnesses, eyewitness testimony, and more.
• How are wrongful death settlement amounts determined? Wrongful death settlements are based on the value of the non-economic and economic losses related to the death of your family member, such as:
  • The deceased’s medical bills
  • Funeral and burial costs
  • Lost wages
  • Lost future income and other financial benefits
  • Loss of emotional support and care from the deceased

Contact Our Experienced Tennessee Wrongful Death Lawyers Today

The Terry Law Firm can help you pursue a wrongful death claim if a family member has suffered an untimely death. Contact our Morristown office today for a free initial consultation.