Tennessee Wrongful Death Attorney Discusses Your Rights When a Loved One is Killed Due to the Negligence of Another

Any time there is an injury caused by the negligence of another which results in a personal injury, it is frustrating and downright physically and emotionally draining for the victim and his or her family.  When an individual dies as a result of a personal injury sustained due to the negligence of another, the initial weight of that incident creates a heavy emotional and financial burden on the family.  Over time, that frustration may even turn to feeling of anger or rage.  These are all within the acceptable range of emotions after a wrongful death.

Our Tennessee wrongful death attorneys understand this.  We offer compassionate representation to lift these burdens off of your shoulders and onto ours while you and your family recover from the loss of a loved one.  We will investigate the entire incident and find who is responsible for your loved one’s passing.  Once we have identified the culpable parties, we will bring a wrongful death action to pursue your rights and obtain the compensation you and your family needs to lift the financial burden off of your shoulders.

Under Tennessee law, a wrongful death is where an individual’s death has been caused by the fault of another person or entity such as a company or the state.  To successfully maintain a wrongful death action, the law requires that 1) a person has been killed prematurely, 2) there was either negligence or an intentional act by another, 3) such act or omission was the cause of the person’s death, and that the next of kin or family of the decedent bring the lawsuit.

Examples of the causes of wrongful deaths include the following:

• Car accidents;
• Medical malpractice;
• Intentional acts such as assault;
• Criminal acts like murder;
• Workplace accidents;
• Negligent accidents;
• Slip and falls or trip and falls; and
• Strict liability accidents such as explosions or dog bites from loose animals.

This area of law only permits certain individuals from bringing a wrongful death suit.  Commonly this includes the surviving spouse who, under the law, has the highest right to bring the wrongful death claim.  Next, children of the decedent have a compelling right to pursue the wrongful death claim followed by the parents of the decedent.  Where the decedent has left a will, the person appointed in the will as executor or executrix may pursue the wrongful death claim.  Where the decedent has died intestate, without a will, whomever the court appoints as the administrator or administratrix of the estate will be permitted to pursue the wrongful death claim.

It must be noted that the law only permits one suit from being commenced.  Hence, if multiple parties bring the action, the court will either consolidate the actions (combine them together), or dismiss the later actions.

Another important aspect of a Tennessee wrongful death action is who receives the proceeds.  Believe it or not, the will does not dictate who receives the funds from a wrongful death action.  The law provides for the following recoveries:

• Where there are no children, surviving spouse, if any, is entitled to all of the proceeds;
• If there is a surviving spouse and children, the money is divided equally between them but the surviving spouse must receive at least one-third of the total recovery;
• If there is no surviving spouse or children, the decedent’s parents are entitled to the proceeds; and
• If neither above, siblings of the decedent can recover the proceeds.

When all four of these criteria are not present, the situation becomes significantly more complicated and requires an experienced Tennessee wrongful death attorney to assess your rights.

Here are Bailey and Greer, PLLC our Tennessee wrongful death attorneys understand how to effectively pursue your claims.  Our legal team has a proven track record of compassionately representing our clients injured in Tennessee personal injury cases which is included in our testimonials page and our successful case results.  Please contact us today to receive your free case evaluation by dialing 901-680-9777.