Losing a loved one is one of the most painful experiences in life. When another person’s negligence or carelessness causes the death of a loved one, you may find yourself facing an uphill legal battle. For example, you may wonder who has the right to file a wrongful death suit. Fortunately, in Tennessee, numerous people can do so. These people include:
- The surviving spouse
- The surviving children or next of kin if there is no spouse
- The deceased’s parents
- Personal representatives
What Types of Claims Can Be Filed After a Wrongful Death in Tennessee?
After losing a loved one, you will likely want justice to be served. However, it is important to recognize that wrongful death claims are civil claims. Therefore, only monetary damages can be recovered. These kinds of claims are different from criminal charges since they seek to compensate the remaining family members instead of penalizing the defendant. In Tennessee, there are two types of civil claims that can be filed after a wrongful death:
- Wrongful death claims. These claims are for family members who seek compensation for the loss of companionship, financial support and guidance.
- Survival claims. These claims are for the estate of the deceased. They seek compensation for funeral costs, medical bills and any pain and suffering that was endured by the deceased before death. This is similar to a personal injury lawsuit.
How to File a Wrongful Death Lawsuit in Tennessee
Filing a wrongful death lawsuit is difficult without the help of an experienced Nashville wrongful death attorney. Your lawyer will need to clearly establish that your loved one’s death was the direct result of another person or company’s willful or negligent actions. He or she will also need to show that you suffered damages due to your loved one’s death. Those damages may include the loss of love, guidance and household assistance.
Common Reasons for Filing a Wrongful Death Lawsuit
Some of the most common reasons for filing a wrongful death lawsuit include:
- Car accidents
- Medical malpractice
- Defective products
- Work accidents
- Construction accidents
- Nursing home abuse and neglect
- Aviation accidents
- Assault or homicide
Contact Our Nashville Wrongful Death Lawyer Today
When another person’s carelessness causes the death of someone you love, Nashville wrongful death lawyer, Stanley A. Davis, can help. He offers compassionate and skilled representation during difficult times. If you are trying to determine who can file a wrongful death lawsuit in Tennessee, contact the Law Office of Stanley A. Davis today by calling (615) 845-6141 or through our confidential contact form. We have an office in Brentwood, Tennessee, but we assist all injured clients in Nashville and throughout the state of Tennessee.
Psalm 34:8, “Taste and see that the Lord is good; blessed is the one who takes refuge in him.”