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The idea of adding a civil lawsuit to your plate after unexpectedly losing a family member can understandably seem overwhelming. However, demanding fair financial recovery for losses your family has and will experience due to your loved one’s premature death could be vital to protecting your best interests both now and in the future.
A compassionate Red Bank wrongful death lawyer could be a valuable ally from beginning to end of any legal proceedings you choose to undertake. With your diligent personal injury attorney’s guidance, you could effectively enforce your rights and hold the person who caused your family member’s accident liable for their actions.
A typical personal injury claim involves a plaintiff who was personally injured as a direct result of another person’s negligent or wrongful actions demanding restitution for ensuing damages from the liable party. A wrongful death claim instead involves surviving family members of a person who lost their life due to someone else’s wrongful or negligent act seeking compensation in their loved one’s name for their own ensuing losses.
Compensable damages may be economic or non-economic in nature and often include:
In situations involving egregious negligence or malicious criminal conduct, a court may impose additional punitive damages against the defendant and award that compensation to the plaintiff(s). A Red Bank wrongful death attorney could offer more specific clarification about what losses could possibly play a role in a particular settlement demand or lawsuit.
Importantly, only certain immediate family members of someone who loses their life in an accident has legal standing to file a wrongful death claim afterward. The priority for this right is as follows:
In situations where a minor child suffers a wrongful death, the decedent’s parent(s) or guardian(s) may file a claim if their child was financially dependent on them when they passed away.
Furthermore, Tennessee Code §29-39-102 limits recovery for non-economic damages related to wrongful death at $750,000 total except in situations where a wrongful death leaves a dependent minor child without one or both parents, in which case the cap increases to $1,000,000. Finally, as a wrongful death lawyer in Red Bank could affirm, TN Code §28-3-104 generally allows prospective plaintiffs a maximum of one year after a wrongful death occurs to formally file any lawsuit they intend to pursue.
When accidents have fatal repercussions for anyone involved, surviving family members can be left dealing with immense financial and personal losses on top of their grief. Recovering financially for those losses may require wrongful death litigation, which can be deceptively complex in legal terms and challenging in emotional ones—especially if you try to file suit alone.
Fortunately, assistance is available from an experienced Red Bank wrongful death lawyer who knows how devastating situations like this can be and could work diligently on your behalf to protect your rights while minimizing additional stress for your family. Call today to set up a meeting.