Losing a family member can be a devastating event. If you have lost a loved one as a result of someone else’s reckless behavior or negligence, you may be entitled to compensation. Families of wrongful death victims may have the right to pursue a claim in court.
A Murfreesboro wrongful death lawyer could help you hold the responsible parties accountable. Although the life of your loved one is invaluable, pursuing financial compensation can help you ease immediate financial stresses and perhaps offer some closure. Reach out to a compassionate personal injury attorney today for a consultation.
Who Can File a Wrongful Death Claim?
Certain individuals get higher priority when filing a wrongful death claim for compensation. If the deceased person was married, the surviving spouse often has the highest right to pursue a wrongful death lawsuit. If the surviving spouse suffers from a disease or illness that renders them incompetent or was amid divorce proceedings, the court may deny the surviving spouse the ability to bring a claim.
If there is no surviving spouse, the children of the deceased may have the right to pursue the claim. If the children are under the age of 18, the court may appoint a guardian to file the wrongful death claim. If the deceased person died without a will, an administrator of the estate of the decedent will be appointed to file suit. Speak with a knowledgeable lawyer for more information about eligibility for a wrongful death claim.
Common Damages in Claims
According to Tennessee Code Ann. 20-5-106, wrongful deaths are defined as the omission, wrongful act, or killing by another. Tennessee treats wrongful death cases as a unique type of personal injury case, in which the injured victim is no longer available to bring a claim to court. Instead, the right is passed to certain family members or personal representatives.
Surviving family members may be eligible to recover certain damages caused by the wrongful death. Damages available in a wrongful death claim may include compensation for:
If the deceased person’s next of kin is a minor, damages may be placed in a trust that the minor can access once they reach a certain age.
The “pecuniary value of life” is the amount of money the decedent would have contributed to the family for financial and emotional support. This may include a calculation of the deceased’s earnings over the rest of their natural lifetime and their living expenses.
Punitive Damages
In the event the death was caused by recklessness or intentional misconduct, punitive damages may also be awarded to the family of the deceased. Punitive damages are designed to punish the defendant and deter similar behavior in the future. The cap on punitive damages limits recovery to $500,000 or two times the compensatory damages, whichever is more. Speak with a Murfreesboro wrongful death lawyer today to learn more about the recoverable damages.
Work With a Murfreesboro Wrongful Death Attorney
While no amount of money can undo the damage of a wrongful death, the courts can provide a way to recover the lost wages and contributions your loved one would have made.
If you are seeking a wrongful death lawsuit against the party responsible for the death of your loved one, it is highly advisable to consult with a Murfreesboro wrongful death lawyer. An attorney could provide sound legal advice about your next steps so you and your family can recover financially from this event. To learn more, call today.
The insurance company has a legal team. You should too.
