Wrongful Death Lawyer in Jonesborough

saddened doctor sitting next to a table

Losing a family member is difficult under any circumstances. When a loved one’s death results from someone else’s negligent actions, it is excruciating. And yet, wrongful deaths occur all over Tennessee, including in Jonesborough. Thousands of people die from car crashes, medical malpractice, defective products, and other preventable acts every year.

The Terry Law Firm is here to help if someone in your family has recently died a wrongful death due to someone else’s carelessness. While we cannot bring your deceased family member back, a Jonesborough wrongful death lawyer can hold whoever caused their death responsible and help you pursue fair compensation for the heartbreaking loss you’ve suffered – and a degree of justice for the deceased.

We’ve been helping Tennessee families with wrongful death claims and other personal injury cases for more than 60 years. We have the skills and resources needed to build a strong case for the recovery you need.

Contact our office today for a free initial consultation.

What Is a Wrongful Death Lawsuit in Jonesborough?

According to Section 20-5-106 of the Tennessee Annotated Code, wrongful death is defined as any death caused by injuries committed by someone else or any death caused by a wrongful act or act or omission of another party. Essentially, wrongful death in Tennessee is any death caused by someone else’s negligent behavior, meaning they failed to use reasonable care to avoid harming others.

Some common causes of wrongful deaths in Tennessee include:

  • Motor vehicle crashes
  • Bicycle crashes
  • Pedestrian accidents
  • Defective products
  • Medical malpractice
  • Premises liability injuries (including slip-and-fall accidents)
  • Intentional acts of violence (assaults, stabbing, shootings, etc.)

When someone dies, and their death meets the definition of Tennessee’s wrongful death statute, certain surviving family members can file a personal injury claim or lawsuit against whoever caused the deceased’s fatal injuries. That is known as a wrongful death claim.

Types of Wrongful Death Lawsuits

Tennessee law provides for two kinds of wrongful death claims:

  • The first is a traditional wrongful death claim, which the deceased’s surviving family brings to seek compensation for the financial and emotional harm they’ve suffered. Any compensation from a wrongful death claim goes to the deceased’s surviving family members.
  • The other kind of wrongful death claim in Tennessee is a survival action. The deceased’s estate brings a survival action to seek compensation for the losses the deceased suffered after they were injured but before they died. Any compensation from a survival action goes to the deceased’s estate and is then distributed to the deceased’s beneficiaries.

Who Has the Right to File a Wrongful Death Lawsuit in Tennessee?

In Tennessee, only certain family members can file wrongful death claims, and some family members have priority when filing a claim. In order, the family members who have the right to file a wrongful death claim in Tennessee are:

  • The deceased’s surviving spouse
  • Any surviving children or next of kin, if there is no surviving spouse
  • A representative of the deceased’s estate
  • The deceased’s surviving parents, if the deceased was dependent on their parents financially at the time of death

Filing a Wrongful Death Lawsuit in Jonesborough

A wrongful death claim is like most personal injury cases, except the deceased’s family or estate brings the claim since the deceased cannot file a claim. The same basic rules of most personal injury claims apply, including the need to establish liability by using evidence.

The deceased’s surviving family members will need to show, based on the preponderance of the evidence, that another party’s negligent actions or failure to act caused their family member’s death. Some of the evidence commonly used to support a wrongful death claim includes:

  • Police accident reports
  • Photos from the scene of the accident
  • Eyewitness testimony
  • Testimony from accident reconstruction teams
  • Testimony from medical experts
  • Medical records

How Long Does It Take to Settle Wrongful Death Claims?

It’s difficult to say how long most wrongful death claims take to settle because every case is different. However, most wrongful death cases take at least a few months to resolve, while others can take years. Your attorney will need to spend time gathering evidence to back up your claim and likely take part in extensive settlement negotiations with insurance companies. If your case goes to trial, the entire process will take much longer.

The best way to reach a speedy resolution for your Jonesborough wrongful death lawsuit is to get help from an experienced personal injury lawyer.

What Is the Tennessee Statute of Limitations on a Wrongful Death Lawsuit?

In most cases, wrongful death lawsuits in Tennessee must be filed within one year of the date the deceased died. If you wait any longer than this to file a lawsuit, you will most likely lose your chance to recover any compensation.

Compensation in a Jonesborough Wrongful Death Claim

There are two ways to recover compensation for someone’s wrongful death: A standard wrongful death claim and a survival action.

Families who file a traditional wrongful death claim can receive compensation for:

  • Burial and funeral expenses
  • The deceased’s lost wages
  • The deceased’s lost future income and other financial benefits
  • The deceased’s outstanding medical bills
  • The care and emotional support from the deceased that surviving family members have lost

Through a survival action, the representative of the deceased’s estate may be able to recover additional compensation, such as:

  • The deceased’s pain and suffering after injury and before death
  • The value of any of the deceased’s damaged personal property
  • The deceased’s pre-death medical bills
  • The deceased’s lost income due to their injuries before their death

Contact Our Experienced Jonesborough Wrongful Death Lawyer Today

The Terry Law Firm has the experience and dedication you’re looking for in a Jonesborough wrongful death attorney. To learn more about our legal services and how we can help you, contact our office today for a free initial consultation.