Rogersville Wrongful Death Lawyer
Losing a family member is painful under any circumstances, but that pain is especially acute when someone else is to blame for the death. If you’ve lost someone close to you because of someone else’s misconduct, you could be entitled to compensation through a wrongful death claim. The attorneys at The Terry Law Firm are ready to help your family.
Since 1960, our Rogersville wrongful death lawyers have been helping surviving family members seek the justice and compensation they deserve. We are ready to put our experience to work on your case. We can investigate the incident to identify the liable parties and hold them accountable for their negligent behavior, giving you time to focus on your family and mourning your loved one.
Contact us today to find out what a Rogersville wrongful death attorney from our firm can do for you during a free, no-obligation consultation.
What Is a Wrongful Death Claim?
According to Section 20-5-106 of the Tennessee Annotated Code, “wrongful death” is defined as one caused by injuries inflicted by another party or by that party’s wrongful actions or acts of omission.
A wrongful death claim is a type of personal injury claim where the deceased’s surviving family members pursue compensation for the losses they and their departed loved one suffered. If you can prove that your family member died because of someone else’s intentional or negligent actions, you could have the right to demand compensation for your loss.
Common Causes of Wrongful Death in Rogersville, TN
Some of the most common causes of wrongful deaths in Rogersville include:
- Motor vehicle accidents – The Tennessee Highway Patrol reports 1,361 fatal accidents in the state during one recent year alone. Many fatal motor-vehicle accidents are caused by driver negligence, such as impaired driving, distracted driving, driving while fatigued, speeding, and driving aggressively.
- Bicycle and pedestrian accidents – Cyclists and pedestrians are particularly vulnerable to severe injury or death if they are hit by a car or other motor vehicle, as they have little protection in the event of a collision.
- Defective products – All kinds of products can cause serious injury or death due to a manufacturing or design defect or if users are not adequately warned about the risks involved in their use. These potentially harmful products include everything from household cleaners and defective medications to auto parts and children’s toys.
- Medical malpractice – Doctors can keep us healthy, but they can also cause serious injuries or death if they do not take proper precautions. In fact, medical errors are the third leading cause of death in the United States, according to a study from Johns Hopkins Medicine.
- Premises liability – Property owners are legally obligated to protect visitors from hazards on their premises and ensure they are adequately warned about the dangers these hazards pose. If property owners do not take this obligation seriously, innocent people can be killed in accidents.
- Intentional acts of violence – While many wrongful death claims stem from accidents caused by a third party’s negligence, other claims arise from a third party’s deliberate acts of violence, such as shootings, stabbings, and physical assaults.
Who Is Eligible for Wrongful Death Compensation?
Under Tennessee law, any compensation awarded in a wrongful death case goes to the deceased’s surviving family members or the deceased’s estate if there are no surviving family members. However, only certain family members are eligible to file a wrongful death claim in Tennessee. The law sets out a specific order in which surviving family members have the right to file a claim. In order of priority, those family members are:
- The deceased’s surviving spouse
- The deceased’s surviving children, if there is no surviving spouse
- The deceased’s surviving siblings, if there is no surviving spouse nor any surviving children
- The personal representative of the deceased’s estate
- The deceased’s surviving parents, if the deceased was financially dependent on their parents at the time of death
Some states make a distinction between wrongful death claims, which compensate a decedent’s survivors for their losses, and survival actions, which compensate a decedent’s estate for the losses the decedent suffered before death. However, Tennessee rolls both these forms of compensation into the single wrongful death statute.
Types of Compensation in Wrongful Death Cases in Rogersville
By working with an experienced Rogersville wrongful death attorney, you could be able to recover compensation for:
- Burial and funeral expenses
- The deceased’s lost wages
- The deceased’s medical bills
- The pain and suffering the deceased experienced before their passing
- The monetary value of the deceased’s life, taking into account their age and earning potential
- The emotional support and care you have lost due to the deceased’s death
Statute of Limitations on Wrongful Death Claims in Rogersville
The Tennessee statute of limitations on wrongful death claims gives you just one year from the date of death to file a lawsuit. If you wait to file a lawsuit until after this statute of limitations has expired, the court will likely dismiss your case as untimely, at which point you will effectively lose your right to pursue compensation through the civil courts.
Because you have a limited window to file a lawsuit, it’s critical that you talk to a lawyer as soon as possible so they can get started on your case.
Contact Our Experienced Rogersville Wrongful Death Lawyers Today
No amount of money can truly make up for the death of a family member, but a successful wrongful death claim can offset the financial losses you’ve suffered and provide you with a measure of justice and accountability from the at-fault party.
The Terry Law Firm wants to help you pursue the compensation you and your family deserve. Contact us today to speak with a Rogersville wrongful death lawyer about your case and what we can do to help.