Losing a family member is an extremely difficult thing to go through, especially when it was the result of another person’s negligent actions. This devastating loss is often compounded by the absence of financial support from the decedent, as well as the immense grief brought on by the loss. A wrongful death lawsuit can help in putting some of these pieces back together through financial compensation. A personal injury attorney stands ready to assist in this important decision.
David E. Gordon is an experienced Bartlett wrongful death lawyer who can help you file the right lawsuit, assemble the necessary evidence, and make the case that the liable party should compensate you for all of the pain that they caused.
Defining Wrongful Death in Bartlett
A wrongful death lawsuit is one that most people outside of the legal profession tend to be unfamiliar with. When a family member has been lost due to another person’s negligence, the survivors have the right to seek justice through a civil claim. For a wrongful death to occur, the death must be caused by the defendant’s negligent or intentional actions. Unlike a criminal case—which punishes a defendant for causing the death with jail or fines—a wrongful death claim is a civil action that seeks economic compensation for the losses associated with the person’s death.
The most common situations that lead to wrongful death are motor vehicle accidents, especially with large trucks, as well as medical malpractice cases. Many other situations could potentially result in a fatality and a wrongful death case may be appropriate in that situation. Wrongful deaths can also arise out of an intentional conduct like an assault. In these situations, a civil claim may be filed separately from any criminal charges that may be pending or resolved.
Who is Permitted to File the Claim?
Tennessee law permits only certain individuals to file a wrongful death claim. Tangentially related parties are usually not permitted to file for benefits. Parties who are usually permitted to file include:
- The spouse of the deceased
- Any children of the deceased
- A parent of the deceased
- The decedent’s estate representative or administrator
Separate lawsuits may not be filed by more than one individual, and the question of who takes precedence is controlled by state law. If there is a question as to who has the right to officially file a lawsuit, David can help shed light on the matter.
Seeking Compensation in Wrongful Death Actions
Tennessee Code § 20-5-113 provides for the types of compensation that are available in a wrongful death case within the state. This includes:
- Mental and physical suffering
- Necessary expenses related to the death
- Funeral expenses
- Lost income and future income
- Loss of companionship
- Punitive damages (if applicable)
A wrongful death lawyer in Bartlett could provide further insight into which compensatory damages are recoverable and how much they are worth.
Pursue Your Claim with a Bartlett Wrongful Death Attorney
After suffering a loss, it is hard to want to think about anything else, especially something as complicated as a civil lawsuit. The Law Office of David E. Gordon provides quality legal counsel so that you can focus on yourself and your family after a devastating loss while also feeling looked-after in your pursuit of justice. To seek the compensation you deserve, contact a Bartlett wrongful death lawyer today and begin the process of holding the liable party accountable.