When an accident proves fatal, the repercussions of that incident can leave holes in the lives of the decedent’s loved ones that no amount of monetary compensation could fill. The purpose of wrongful death litigation is not to replace a lost loved one in any sense, but rather to financially minimize the long-term impact that another person’s misconduct has on the family.
An experienced personal injury attorney’s assistance can often be crucial to effectively pursuing financial recovery without putting too much extra stress on yourself or anyone impacted by a tragic accident. A Hamilton County wrongful death lawyer could take the lead in securing the restitution your family deserves, leaving you with the time you need to process your grief and begin the slow process of moving forward with your lives.
Rather than compensating an accident victim directly for the harm they sustained through someone else’s misconduct, a wrongful death claim allows family members to recover for economic and non-economic losses they have experienced and will experience because of their loved one’s premature death. Recoverable damages in a typical claim might include the following:
In some cases, it is also possible to recover for damages sustained by a deceased person between when their accident occurred and when they passed away, such as medical expenses for emergency care and physical or emotional suffering. An experienced lawyer could help a Hamilton County family fight for the compensation they need in a wrongful death claim to cover the economic and non-economic costs the incident caused.
Importantly, not everyone who shares a relationship with a decedent by blood or marriage has the right to pursue compensation through wrongful death litigation. Under Tennessee Code Annotated §20-5-107, this right falls exclusively to—in order of priority—the decedent’s spouse, any surviving children or next of kin, the decedent’s estate representative, or the surviving parent(s) of a person who was dependent on their care.
The statute of limitations for wrongful death claims is the same that applies to other types of personal injury cases. Under TN Code §28-3-104, a qualifying beneficiary or estate representative has one year after their loved one’s death to begin filing a wrongful death case. An attorney familiar with the statute of limitations in Hamilton County could promptly help a plaintiff file their wrongful death claim to avoid any potential loss of compensation.
There are few experiences more difficult to go through than losing a family member to a sudden accident, especially when that accident could have been prevented with proper care given by everyone involved. Having guidance from a legal professional who knows how best to protect your rights and your family’s best interests could be irreplaceable.
A compassionate Hamilton County wrongful death lawyer could provide custom-tailored support throughout any litigation you wish to pursue. We are standing by to take your call, so act quickly to reach out.