The unexpected passing of a loved one is hard and you may need a wrongful death attorney if your loss was due to another person's wrongful act.
What constitutes a lawsuit being filed for a Wrongful Death in Tennessee? Our attorneys can answer these questions and more, giving you valuable information so that you can make the decision that is right for you and your family.
A negligent lawsuit is filed by or on behalf of the person who was injured and suffers from the result of the damages; however, a wrongful death suit is filed by surviving family members who have been damaged or to provide compensation for others who have incurred damages due to the victim's death.
The theory behind a wrongful death suit is, in addition to injuring the person who died, the defendant may have injured others who depended upon the deceased for financial or emotional support.
Almost every state has enacted a statute permitting a lawsuit to be brought by the relatives of a person who died as a result of a wrongful act and some states allow a party other than a relative to file the lawsuit.
A wrongful death claim generally consists of four elements:
- the death was caused, in whole or part, by the conduct of the defendant;
- the defendant was negligent or strictly liable for the victim’s death;
- there is a surviving spouse, children, beneficiaries or dependents;
- monetary damages have resulted from the victim’s death.
Who can sue for wrongful death?
Tennessee state law defines who can file a wrongful death suit. A spouse and children may file, and in some situations, grandparents or other relatives may be allowed to file suit.
Contact Wilson & Henegar Law Office for additional information and to make an appointment for a Free Initial Consultation with a
wrongful death attorney
in our firm.