Untimely deaths are devastating, both emotionally and financially. Restore your financial security and earn justice for your loved one with a wrongful death attorney from Jungers Law Firm.
A wrongful death occurs when a person, typically at a corporation or hospital, acts negligently, recklessly, or with intent to harm, and their actions result in death. Survivors of the deceased can file a lawsuit to get justice and receive compensation for their loss. The statute of limitations in Tennessee is one year, though some cases earn exception.
Most wrongful deaths occur because the defendant did not exercise reasonable care or breached a professional duty. There are over 150,000 unintentional deaths every year in the U.S., with medical malpractice being the most common. Other examples include:
The deceased person's parent, child, or spouse can file a wrongful death suit. Only one lawsuit can go forward per death. That means a spouse and a parent cannot file separate cases for the same person.
A wrongful death needs to meet specific criteria to merit a lawsuit. These standards prevent unnecessary lawsuits in cases where no one was at fault. A wrong death attorney in Nashville will verify that:
It is not enough for someone to die for the deceased’s family to win the case. The key is proving another party breached their responsibilities. For instance, a driver may run a red light, T-bone another car, and kill its driver. A reasonable person would have stopped at the light, and the defendant chose not to do so. In wrongful death cases, intent is generally not important. That harm was done as a result of another person—or company’s—negligence is enough.
Pecuniary injury is the primary compensation form in a wrongful death case. The court uses this term to cover any loss of service, support, inheritance, and medical and funeral bills. Tennessee law allows victims to earn fair compensation for pecuniary injuries they suffer from the death of the deceased.
Pecuniary injuries depend on who the deceased individual is. Juries consider their age, character, health, earning capacity, and intelligence. For example, if a young doctor wrongfully dies, expect significant compensation because the plaintiff deprived them of a long and prosperous career. The jury may also consider the loss of parental guidance for cases involving deceased parents.
Don't let a wrongful death leave you grieving the loss of a loved one while struggling with the financial burden of that loss. Contact Jungers Law Firm and one of our wrongful death attorneys in Nashville will discuss your case and legal rights. Give us a call to set up your consultation today.