Wrongful Death Lawyer in Morristown TN

Wrongful death lawsuits in Tennessee generally must be filed within one year of the date that the death occurred. Once the one-year filing deadline passes, a claim for wrongful death damages cannot be filed, except in rare cases.

The one-year filing deadline makes it imperative to speak with a wrongful death attorney as soon as possible. While exceptions might apply to the statute of limitations, it is best to play it safe and make sure that a claim is filed on time, since the consequences of a delayed claim are dire.

To succeed in a wrongful death lawsuit, the claimant must prove four elements: the existence of a duty of care; the breach of the duty of care; causation; and damages. Each of these elements is explained in greater detail below.

• Duty of Care: A duty of care is a legal obligation to avoid reasonably foreseeable harm to another. The actual duty owed from one party to another depends on the relationship between the two. Doctors, for instance, owe their patients the duty of care and treatment reasonably expected of a competent physician under the same or similar circumstances. Drivers usually owe other drivers a duty of care to operate their vehicle in the manner of a reasonably prudent person. A duty of care is not always owed, however. For example, a property owner might owe a duty of care to a guest, but not to a trespasser.
• Breach of Duty: Assuming that a duty of care exists, it is necessary to show that the duty was breached. Breach of duty often results from negligence but can result from intentional action. Driving under the influence of alcohol and killing another person in a car accident is a possible instance of negligence. Running the other person off the road in an act of road rage, on the other hand, might constitute an intentional action.
• Causation: After proving duty and breach of duty, it is necessary to prove that the defendant’s negligent or intentional actions caused the wrongful death. Causation can be quite complex, depending on the facts of the case.
• Damages: The victim’s death must have caused quantifiable losses, such as medical expenses, funeral costs, loss of income, and mental and physical suffering. Damages may be presumed in a wrongful death case based on breach of duty and causation, but they must be demonstrated with evidence.

The five leading causes of death result in nearly 1 million Americans each year dying prematurely. Among the five leading causes of death, unintentional injury ranks near the top. Unintentional injuries result in more than 30 million emergency department visits and 160,000 deaths each year. The leading cause of unintentional injury deaths include:

According to the Centers for Disease Control and Prevention (CDC), around 40 percent of unintentional injury deaths are preventable. While modifiable risk factors include personal behaviors such as tobacco and alcohol use, poor diet, lack of physical activity, and lack of seatbelt use, they also include the behaviors of others, as the following statistics show.

• More than 100,000 workplace deaths per year can be prevented by stronger workplace protections. Nearly 1,000 workers are killed each year in slip, trip, and fall accidents. OSHA’s fall protection standard is the most frequently violated rule in the United States. More than 95,000 workers die each year from cancer, heart disease, kidney disease, and other illnesses caused by long-term exposure to workplace hazards. Eliminating these exposures can reduce or eliminate deaths due to long-term workplace hazards.
• As many as 99 percent of motor vehicle crashes are caused at least in part by human error. Around 40,000 people die in motor vehicle traffic accidents each year. Driver inattention, distracted driving, driving too fast, illegal maneuvers, drowsy driving, and drunk driving are some of the leading causes of traffic deaths.
• Medical errors are the third-leading cause of death in the U.S., responsible for at least 250,000 deaths each year. This shocking finding comes from a 2016 Johns Hopkins study. Types of medical errors that kill patients include diagnostic errors, treatment errors, and medication errors.
• Consumer products are related to approximately 34,000 deaths each year. Product-related deaths are commonly caused by fires, poisonings, drownings, off-road vehicle crashes, bicycles, electrocutions, machinery, explosions, and hot objects. A manufacturer may be held liable for a product-related death if the product is defectively designed, manufactured, or marketed.
• Medical devices are linked with around 10,000 deaths per year. Many of these devices, including surgical mesh, hip prostheses, spinal stimulators, and insulin pumps, have been the subject of mass litigation.
• Prescription drugs kill nearly 300 people in the United States each day. By one estimate, prescription medication is the fourth-leading cause of death in the country. Many of the people killed by these drugs are taking them as prescribed. Opioids are a major killer, but psychiatric drugs, non-steroidal anti-inflammatory drugs, blood thinners, and other drugs are also major culprits. Manufacturers, distributors, doctors, nurses, and pharmacists may be held liable for prescription drug deaths.
• More than 500 Tennesseans are murdered each year on average. The intentional killing of another person can be a civil as well as a criminal matter. Tennessee allows a wrongful death case to be filed even if a criminal homicide case has already been filed or will be filed.

Death is a fact of life, but before you turn the page on a loved one’s passing, it’s worth getting all facts and deciding whether a wrongful death lawsuit is merited.

The Terry Law Firm is dedicated to helping survivors get the justice they deserve. Our locally focused law firm has a long-standing tradition of heartfelt advocacy and client-centered service. Every member of the firm is committed to helping you during this difficult time.

Call us today at (423) 586-5800 to discuss a wrongful death claim with a caring and knowledgeable attorney. Your initial consultation is free, and you only pay us if we recover money for you. Contact a wrongful death attorney in Morristown now.