Causes of Wrongful Death in Johnson City
Fatal accidents that result from the negligent, careless, or wrongful acts or omissions of others may result in grounds for wrongful death claims. Included in the top causes of wrongful deaths are:
How Does a Wrongful Death Lawsuit Work?
If a loved one died from an injury someone else caused in Johnson City, you might be able to seek justice and compensation for your losses by filing a wrongful death lawsuit.
You need to speak with our wrongful death attorneys to start the process. We are ready to talk to you and other family members to understand how your loved one’s untimely death impacts your financial and emotional well-being.
Your wrongful death lawyers can next conduct an investigation, gather evidence, and consult with independent experts to determine who was responsible for your loved one’s death. All that information will be used to calculate how much money the at-fault party could owe you.
The formal legal process then begins with filing the lawsuit in court. The parties you are suing – now known as the defendants – will be notified that they are being sued. Your attorneys and the attorneys representing the defendants or their insurers may be able to negotiate a settlement. If not, your lawsuit could go to trial.
Who Can File a Wrongful Death Claim in Johnson City TN?
Only specific family members of the deceased can file a wrongful death lawsuit in Johnson City, Tennessee. Specific family members, in priority order, include:
- The surviving spouse
- The surviving children or next of kin
- The natural parents, if the decedent was dependent on their parents at the time of death
- The legally adoptive parents
If an appropriate family member does not exist, a personal representative or administrator of the deceased’s estate can file a claim.
The person who files the wrongful death lawsuit is not necessarily the person who is entitled to damages. Lawsuit money is distributed based on statute, not the decedent’s will. The decedent’s spouse and children are given priority, followed by their parents and next of kin.
Depending on the familial circumstances at the time of death, who has the right to file a lawsuit, and to recover damages, can be complicated issues. If you have questions, our Johnson City wrongful death attorneys are available to answer them and guide you through the claims process.
What Is the Time Limit for Filing a Wrongful Death Lawsuit?
Generally, one year is the time limit for filing a wrongful death lawsuit in Tennessee, starting from the date of death. One year is not much time to investigate, collect and preserve evidence, determine negligence, and prepare to prove your case. It is in your best interests to speak with our wrongful death attorneys as soon as you can. Many families find that working with a lawyer is a valuable part of the grieving process.
Compensation in a Wrongful Death Claim in Johnson City TN
Compensation in a wrongful death case usually includes all the expenses your loved one acquired between the time of their injury and death. These may include:
- Medical and hospital costs and fees
- Physical and emotional pain and suffering
- Funeral and burial expenses
Damages can also include other things you and other family members would have received if your loved one had lived:
- Love, comfort, companionship, care, maintenance, support, services, advice, and counsel (Tennessee caps loss of consortium damages at $750,000 unless the decedent had a minor child, in which case damages are capped at $1 million.)
- Emotional pain, torment, and suffering
- Loss of inheritance or the loss of assets that would have added to the estate had they died a natural death.
You could also claim punitive damages at trial. Punitive damages are not always available and based on the circumstances, may be capped.
Evidence Needed to Prove Negligence in a Wrongful Death Case
For your wrongful death claim to be successful, you must prove the defendant’s failure to exercise reasonable care resulted in the death of your loved one. This failure is often referred to as negligence. To prove negligence, you may need evidence such as the following examples:
- Medical records and medical bills
- Prescription receipts
- Photos and videos of injuries, the accident scene, damage to property, people present, and weather conditions
- Police accident reports
- Eyewitness statements
- Expert witness opinions
- Surveillance and investigative evidence
- Employment history and wages
How a Wrongful Death Lawyer Can Help
At The Terry Law Firm, our attorneys have a strong record of success in wrongful death claims. In our pursuit of the best possible outcome for you, we are prepared to:
- Thoroughly investigate the facts and circumstances
- Analyze physical evidence and accident reports
- Interview witnesses
- Work with experts to reconstruct the circumstances
- Determine responsibilities if multiple parties appear to be at fault
- Initiate work on your case at no charge
- Handle all the legal matters
- Negotiate from a position of strength for a settlement that covers all your losses
- Go to court if that is in your best interest
Contact Our Johnson City Wrongful Death Lawyers Today
Have you lost a loved one because of someone else’s careless, reckless, or deliberately harmful behavior? Then talk with the caring and knowledgeable Johnson City wrongful death attorneys at The Terry Law Firm. We want to help you through the wrongful death lawsuit process to obtain compensation for you and justice for your loved one.
Contact us today for a free consultation with a wrongful death lawyer in Johnson City, Tennessee.
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