Attorneys for Wrongful Death in Cordova
The sudden death of a loved one can be utterly devastating—especially if their death was caused by someone else’s negligence. If your loved one was killed in a tragic accident that was not their fault, your family could be entitled to compensation for your loss. This money won’t replace your loved one, but it will help your family get through incredibly difficult time without worrying about how to make ends meet.
Discuss your legal options with the Cordova wrongful death attorneys at Denton & Zachary, PLLC. Schedule a free consultation by calling our law firm at 501-273-1695 today.
What Is A Wrongful Death Claim?
A wrongful death occurs when someone suffers fatal injuries due to the negligence of another party. A wrongful death can occur in many different types of accidents, including car accidents, truck accidents, motorcycle accidents, and slip and falls.
Family members of the deceased victim have the right to file a wrongful death claim. This is a type of civil case that allows the victim’s family members to hold the at-fault party financially responsible for their loved one’s death. If the family is successful, they can recover compensation from the at-fault party for their tragic loss.
Who Can File A Wrongful Death Claim in Tennessee?
Each state establishes its own laws regarding who can file a wrongful death claim after a loved one’s death. In Tennessee, the law states that the victim’s surviving spouse has the first right to file a wrongful death claim.
Some victims do not have surviving spouses at the time of their death. If there is no surviving spouse, other family members are given the right to file a wrongful death claim, starting with the victim’s surviving children. In the event that there is no surviving spouse or children, the personal representative of the victim’s estate is given the right to file a wrongful death claim.
If the victim did not appoint a personal representative of their estate, the right to take legal action is passed onto the victim’s parents. However, the parents will only have the right to take legal action if the victim was dependent on them at the time of their death.
What Types of Compensation Can I Recover For A Wrongful Death in Tennessee?
Family members who win their wrongful death claim may be awarded compensation for:
- Funeral and burial expenses
- Loss of future financial support and benefits
- Mental pain and suffering caused by the victim’s death
- Loss of companionship
- Loss of consortium
The court can also award compensation to cover certain losses that the victim suffered between the time they were injured and the time of their death. This includes compensation for the victim’s loss of enjoyment of life and mental anguish.
Punitive damages, which are designed to punish the defendant, are also awarded in some wrongful death cases. Family members may receive punitive damages if they can prove that the defendant acted maliciously, intentionally, or recklessly. For example, if your loved one is killed by a drunk driver, the court may find that driving while intoxicated meets the definition of reckless behavior. As a result, the court may award your family punitive damages to punish the defendant for engaging in this behavior.
How Long Will I Have to Take Legal Action After My Loved One’s Wrongful Death?
Surviving family members will not have much time to file a wrongful death lawsuit after losing a loved one. In Tennessee, the statute of limitations for most wrongful death cases is one year. This means surviving family members typically must file a wrongful death lawsuit within one year from the date of their loved one’s death. If they miss this deadline, they could lose the right to recover compensation from the at-fault party.
One year can go by rather quickly, especially if you are mourning the death of your loved one. For this reason, it’s in your best interest to seek legal representation from Denton & Zachary, PLLC as soon as possible. Don’t wait until it’s too late to seek justice—call our law firm today.
Set Up A Free Consultation With Our Wrongful Death Attorneys in Cordova
The Cordova personal injury attorneys at Denton & Zachary, PLLC understand how difficult it is to lose a loved one. Spend this time surrounded by family mourning the loss of your loved one while we focus on fighting for the compensation you deserve. We will work tirelessly to help your family seek justice on behalf of your loved one. Schedule a free consultation by calling our law firm at 501-273-1695 or submit our contact us form.