After an accident, only certain family members can file a wrongful death lawsuit on behalf of their deceased loved one. These include a deceased loved one’s spouse, surviving children, and surviving next of kin. There can be instances in which a “personal representative” of a late loved one or their surviving parents can also file a wrongful death lawsuit.
At Gatti, Keltner, Bienvenu & Montesi PLC, we help families pursue wrongful death lawsuits. We can put you in touch with a Tennessee wrongful death attorney who can help you determine if now is the right time to file a wrongful death suit. In addition, we have provided answers to some of the most frequently asked wrongful death lawsuit questions below.
Who Is Eligible to File a Wrongful Death Lawsuit in Tennessee?
Tennessee law states that an individual can pursue damages in a wrongful death lawsuit in which a victim dies due to injuries caused by someone else. In this instance, someone’s negligent or wrongful acts caused injuries that led to the death. Or, an individual may have avoided an act that contributed to the death.
A Tennessee wrongful death attorney can teach an individual about their eligibility for filing a personal injury lawsuit. First, the lawyer looks at the facts surrounding an accident that resulted in a victim’s death. The lawyer can discuss the incident with the victim’s family members and help them determine if they can file a wrongful death lawsuit.
If a wrongful death lawsuit is filed, a victim’s family is not guaranteed results. The family can work with a Tennessee wrongful death lawyer to build a strong case. It can also submit a claim for the maximum amount of damages possible.
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What Is the Maximum Amount of Damages a Family Can Seek in a Tennessee Wrongful Death Lawsuit?
There are no caps on the amount of damages that a plaintiff can seek in a Tennessee wrongful death lawsuit. It is beneficial to review the funeral fees, medical expenses, and other costs relating to a loved one’s death. This can help this individual’s family decide how much to pursue in a wrongful death case.
A Tennessee wrongful death lawyer helps an accident victim’s family pursue all available damages. The attorney can examine the case and its impact on the victim’s family. From here, the lawyer can file a lawsuit on the family’s behalf to help it secure an appropriate amount of damages.
Also, a wrongful death lawyer accounts for a plaintiff’s short- and long-term costs relating to an accident. The lawyer tries to understand the financial impact of the loss of their loved one. This ensures the attorney can seek damages that meet their client’s needs.
How Much Time does a Family Have to File a Wrongful Death Lawsuit in Tennessee?
There is a one-year statute of limitations for Tennessee wrongful death lawsuits. This means a family member has one year from the date of their loved one’s death to sue an at-fault party for damages. Following this period, the loved one’s family cannot pursue damages in a wrongful death case.
For those who are weighing the pros and cons of filing a wrongful death lawsuit, consult with a personal injury attorney. At this time, an individual can discuss their case with the attorney. Next, the lawyer can offer tips and insights on how to proceed.
Do not wait too long to pursue a wrongful death lawsuit. The statute of limitations for filing a wrongful death suit cannot be extended. By meeting with a personal injury attorney who understands the intricacies of wrongful death cases, an individual can decide the best course of action.
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What does a Tennessee Wrongful Death Lawyer Do Exactly?
A Tennessee wrongful death attorney works on behalf of a plaintiff to secure damages from an at-fault party. The lawyer can file a wrongful death lawsuit and help their client prepare for their court date. Plus, the attorney can gather and review evidence.
Dealing with a wrongful death lawsuit can be challenging. Fortunately, a wrongful death attorney can address their client’s legal concerns and questions any time they arise. The attorney partners with their client to help this individual present their case in court.
When a court date arrives, a wrongful death attorney ensures their client is prepared. The attorney and their client can enter a courtroom and share their evidence. Then, a judge can determine if the plaintiff will be awarded damages.
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Will a Judge Award Damages to a Family in a Tennessee Wrongful Death Case?
Every Tennessee wrongful death case is evaluated as a separate entity. A judge reviews evidence from both parties involved in the case. The judge next finalizes their decision.
There can be times when a plaintiff makes a clear-cut argument to show a judge that damages should be awarded. If this happens, the judge may award the plaintiff the full amount of their requested damages. The at-fault party is required to pay the damages, and the case is closed.
A Tennessee wrongful death attorney wants their client to make it easy for a judge to rule in their favor. Therefore, the lawyer works in lockstep with their client at each stage of the legal process. This boosts the likelihood that the lawyer and their client can achieve the best possible results in a wrongful death lawsuit.
Who Should You Contact for Help with Your Tennessee Wrongful Death Claim?
Gatti, Keltner, Bienvenu & Montesi is a Tennessee law firm that has handled many wrongful death claims over the years. We can connect you with an experienced wrongful death attorney at any time. Our lawyer can guide you through the legal process and make sure you are well equipped to win your case.
We encourage you to reach out to learn more about our wrongful death legal services. You can also discuss your case with a wrongful death attorney. For more information or to request a free case evaluation, please contact us today.
Call or text (901) 526-2126 or complete a Free Case Evaluation form