Wrongful Death Attorney in Newport

Doctor crying in front of patient

If you’ve lost a loved one due to someone else’s negligent or intentional act, contact a Newport wrongful death attorney from The Terry Law Firm right away for help.

For more than 60 years, our family-run law firm has provided clients with a small-town approach and big-city know-how – a combination that allows us to handle even the most complex cases with compassion, sympathy, and responsiveness. We know that every client has a unique case, which is why our attorneys take the time to get to know our clients and their families. We want to understand your needs, goals, and concerns so that we can pursue a legal strategy that meets them.

You don’t have to face this challenging time alone. Let The Terry Law Firm help you find a measure of justice for the deceased and a sense of closure for those left behind. Contact our firm today for a free initial consultation with a compassionate wrongful death attorney in Newport, Tennessee.

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a particular type of personal injury claim, one that the injured person can no longer bring themselves because they have passed away as a result of their injury. Instead, surviving family members or the personal representative of the decedent’s estate bring the claim.

A wrongful death lawsuit allows the surviving family to recover compensation for both the decedent’s and the family’s losses from those responsible for causing the decedent’s death.

Wrongful Death Laws in Newport, TN

Tennessee’s wrongful death statute governs wrongful death claims in Newport. Under this statute, the right to pursue a wrongful death claim arises when a person or a fetus passes away due to injuries inflicted by another person or by the wrongful act or omission of another person.

Wrongful Death Settlement Amounts in Tennessee

Through a wrongful death settlement, you and your family may be able to recover compensation for the losses your loved one suffered before death, as well as the losses that your family has endured due to the death.

Compensation in a wrongful death settlement could include:

  • Medical expenses incurred while treating your loved one’s last injury or illness
  • Funeral and burial expenses
  • Conscious pain and suffering endured by your loved one before death
  • Loss of your loved one’s income and financial contributions to the family, including benefits such as health insurance or pensions
  • The value of services your loved one provided to the household
  • The loss of your loved one’s care, companionship, advice, guidance, and society

How Does a Wrongful Death Lawsuit Work?

A wrongful death lawsuit begins with investigating the underlying facts and circumstances of your loved one’s death. Our Newport wrongful death attorneys can review evidence and documents, such as medical records, police reports, and accident records, to determine if your loved one’s death was due to someone else’s wrongful acts or omissions and to identify the parties that can be held liable.

Your attorney can then put together a claim demand and send it to the at-fault parties and their insurers. In most instances, sending the claim demand starts the settlement negotiation process, in which both sides try to reach a mutually agreeable compensation figure for a settlement.

If a settlement cannot be reached, you and your family may consider filing a lawsuit to pursue your wrongful death claim in court. After filing a case, the parties will engage in the discovery process. Both sides exchange evidence and take depositions of witnesses to narrow down the issues of dispute for trial.

Although most lawsuits ultimately settle before trial, if your wrongful death case does go to trial, your attorney can present your case to a judge and jury to prove that another party’s negligence, recklessness, or other wrongful acts caused your loved one’s death.

When May an Event Lead to a Claim of Wrongful Death?

Examples of accidents that can lead to a wrongful death claim include:

  • Medical mistakes
  • Car, truck, and motorcycle accidents
  • Bicycle and pedestrian accidents
  • Train accidents
  • Boat accidents
  • Dangerous consumer products
  • Dangerous conditions in the workplace
  • Nursing home accidents and injuries
  • Premises liability accidents

Who Qualifies to File a Wrongful Death Claim?

Under Tennessee law, only certain people are entitled to file a wrongful death claim. Initially, the right to file a wrongful death claim belongs to the deceased’s surviving spouse. If a decedent does not have a surviving spouse, the right to file a wrongful death claim falls to:

  • Surviving children
  • If no surviving children, a surviving next of kin
  • If no surviving next of kin, the administrator or executor of the decedent’s estate
  • Surviving parents, if the decedent was dependent on their parents at the time of the decedent’s passing

No matter how close to a decedent, extended family members or friends cannot bring a wrongful death claim under Tennessee state law.

Statute of Limitations for Wrongful Death Claims in Tennessee

In Tennessee, the statute of limitations gives you and your family only one year from the date of your loved one’s passing to file a lawsuit against the parties at fault for the death. If you wait until after the statute of limitations has expired to file a wrongful death lawsuit, the court will almost certainly dismiss your case, causing you and your family to lose the right to seek compensation.

Contact a Newport Wrongful Death Lawyer Today

If you have lost a loved one because of someone else’s careless or reckless behavior, The Terry Law Firm is here to help.

Contact us whenever you are ready for a free, no-obligation case review with a Newport wrongful death lawyer. During the consultation, you will learn more about your legal rights and options for pursuing accountability and justice on your loved one’s behalf.