Jefferson City Wrongful Death Lawyer

We are rarely prepared to deal with the grief of losing a loved one. The loss can be even more shocking and tragic when someone else’s negligence or intentional act was to blame. The Jefferson City wrongful death lawyers at The Terry Law Firm understand this. We’re here to provide compassionate counsel and aggressive representation for families like yours.

If your loved one was killed in a car accident in Jefferson City, was fatally injured on someone else’s property, was killed by a defective product, or died due to the negligence of a medical professional, contact us as soon as you are ready to discuss your legal options. We are a family firm with over 60 years of experience helping surviving family members seek answers and justice after a loved one is taken from them too early.

We’re here to support you. We’re ready to discuss your rights and legal options during a free consultation that is 100% confidential. Contact us today by phone or reach out to us online today.

What Is Considered a Wrongful Death?

Wrongful death claims are essentially a type of personal injury claim on behalf of a victim who did not survive their injuries.

Surviving family members could be eligible to file a wrongful death lawsuit when a loved one dies in Tennessee due to “injuries received from another” or “whose death is caused by a wrongful act, omission, or killing by another” (Section 20-5-106 of the Tennessee Code).

State law considers wrongful death to be a specific type of personal injury case. Because the victim cannot file a personal injury lawsuit, that right passes to the decedent’s beneficiaries. These will usually be the decedent’s family members or their personal representative, as named in their estate plan.

There are multiple reasons why a beneficiary may wish to file a wrongful death lawsuit to seek compensation, such as:

• Accidents due to negligence, such as traffic accidents and accidents on someone else’s property
• Medical malpractice or nursing home abuse or neglect
• Deaths due to defective and dangerous products
• Willful acts, such as homicide or assault

Wrongful death lawsuits are civil cases, not criminal murder cases, which means that the surviving family members seek financial compensation from the at-fault party and their insurer, not a criminal conviction.

Because wrongful death cases are not criminal proceedings, the “reasonable doubt” threshold is not required for a jury and judge to order the defendant to pay damages to the person’s beneficiaries. In a wrongful death suit, the plaintiffs only need to demonstrate that it is “more likely than not” that the defendant’s negligence or willful act caused the death of their loved one. This is a much lower threshold than the requirement of demonstrating the person’s guilt “beyond a reasonable doubt” in a criminal case. This means someone could be civilly liable for your loved one’s death even if they are never convicted of a crime.

If your loved one was the victim of a homicide, criminal and civil proceedings could occur simultaneously. But it’s essential to keep in mind that civil proceedings are not about seeking a criminal conviction. Instead, they will be focused on recovering financial and other losses related to your loved one’s wrongful death.

Common Causes of Wrongful Death in Jefferson City

Wrongful death situations can arise from many different types of accidents and personal injuries. Some of the most common causes of wrongful death include:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Uber and Lyft accidents
• Bicycle accidents
• Pedestrian accidents
• Premises liability accidents
• Slip and fall accidents
• Medical malpractice
• Product defects
• Assault or other intentional acts of violence

Who Are the Wrongful Death Beneficiaries in Jefferson City?

Tennessee law (Tenn. Code § 20-5-107) permits specific members of a decedent’s family to file a wrongful death claim. If the decedent has left behind a spouse, then the spouse will be the immediate beneficiary. If the decedent did not have a living spouse, then other beneficiaries may take part in the claim, including, in order:

• The decedent’s living children
• The decedent’s closest living relatives
• The personal representative of the decedent’s estate
• The decedent’s parents, if either is still alive and only if the decedent was financially dependent upon their parent(s) when they passed away
• The legally adoptive parents

If the decedent’s personal representative files the claim, then the compensation recovered goes directly to the decedent’s remaining family members.

What Can Be Recovered in a Wrongful Death Claim?

The at-fault party and their insurance company could owe the family various types of compensation in a Jefferson City wrongful death action. Every case is unique, and the amount of compensation will be based on the specific circumstances surrounding your loved one’s wrongful death and other facts of the case.

Compensation could include:

• Medical bills related to the accident or intentional act that caused the fatal injuries
• Lost wages and other earnings, or the amount of income and benefits the decedent would have been paid if they had not passed away
• Funeral expenses
• Burial costs
• Loss of consortium
• Pain and suffering, such as emotional anguish and mental trauma caused by your loved one’s wrongful and untimely death
• The emotional impact of the decedent’s death caused their surviving relatives, including loss of love, guidance, care, and companionship.
• Punitive damages, which are designed to “punish” the defendants for excessively reckless or negligent behavior leading to wrongful death. These are awarded in rare instances.

How Are Wrongful Death Settlements Paid Out?

How the proceeds from a wrongful death settlement are divided among beneficiaries depends on the surviving family members. If a decedent leaves behind only a spouse, then the spouse would get 100% of the proceeds.

If there is a single surviving child in addition to a surviving spouse, then the settlement is typically divided equally between them. If more children are involved, a surviving spouse will normally receive at least a third of the proceeds, with the remainder divided up equally among the surviving children.

Understanding the Jefferson City Wrongful Death Statute of Limitations

The statute of limitations for wrongful death lawsuits in Tennessee is one year from the date the decedent passed away. If a wrongful death lawsuit is not filed before the one-year deadline, then a family likely loses the chance to pursue compensation for the wrongful death of their loved one.

How Much Does It Cost to Hire a Jefferson City Personal Injury Lawyer?

At the Terry Law Firm, our attorneys work on a contingency fee basis to assist our clients. That means we won’t charge you any fees for our representation until we secure compensation for you. If your claim is successful, our attorneys will receive a percentage of the resulting recovery that is discussed and agreed upon before we start work on your case.

Get Help from Our Experienced Jefferson City Wrongful Death Attorney Today

If your loved one suffered personal injuries and death due to a willful act, medical malpractice, negligence, or something else, contact the Jefferson City wrongful death attorneys at The Terry Law Firm today.

We understand the magnitude of your loss. We’ll be here to provide you with the respectful and compassionate legal services you and your family deserve. Let us be your counsel and your guide through this challenging time. Our attorneys are standing by, ready to take your call and provide you with a free consultation about the legal issues you and your family face.