The loss of a family member as a result of an accident is a devastating situation. You and your family are dealing with all of the emotional pain from this unexpected event, as well as the high costs of medical bills piling up, funeral expenses, and more. A compassionate personal injury attorney can try to alleviate the financial stress of this ordeal by helping you file a lawsuit against the responsible party.
These lawsuits can be painful for grieving family members to consider but an experienced Cordova wrongful death lawyer like David E. Gordon can be your advocate in this difficult time.
What is Wrongful Death?
Wrongful death is a phrase that many outside of the legal profession are not familiar with. Wrongful death occurs when a person suffers a fatal accident due to another party’s negligent, reckless, or even intentional conduct. It entitles specific family members to file a lawsuit to pursue money damages associated with the death of their loved one.
Negligence commonly occurs in car accidents and medical malpractice cases, when a driver or a doctor fails to follow the proper standards of care. However, people can be negligent in any number of ways, even if they are not physically present for an accident. When a loved one passes away in these situations, a wrongful death lawsuit can help the family recover.
Intentional conduct typically occurs in situations such as assault and battery, neglect and abuse of the elderly, or even in cases of murder. For example, a state prosecutor may bring a murder charge against someone, but this does not financially compensate the victim’s family. A family member can hire a wrongful death attorney in Cordova to file a separate civil action against someone charged with homicide.
Who Can File a Wrongful Death Lawsuit?
Under Tennessee law, only certain family members are permitted to file a wrongful death action. This includes:
- The spouse of the deceased
- Children of the deceased
- A parent of the deceased
- The decedent’s estate or another representative
Only one lawsuit is permitted to be filed, which means multiple family members cannot file lawsuits at the same time. David could confer with the surviving family to determine who should file the wrongful death suit.
Time Limit to File
Tennessee imposes a one-year statute of limitations for wrongful death cases. This means that the family must file the lawsuit within one year of the date of death, or the case will be dismissed. If a case is filed after the one-year period, it will likely be dismissed, even if the case would have been successful at trial.
It takes time to research and prepare cases, so it is critical for family members who are considering filing a lawsuit to consult a Cordova accidental death lawyer as soon as possible.
Potential Compensation in Wrongful Death Lawsuits
A successful wrongful death lawsuit can bring in significant financial compensation for the decedent’s family members. This may include:
- Funeral expenses
- Medical expenses
- Lost income and anticipated future income
- Loss of enjoyment of life
- Loss of consortium
- Loss of parental companionship
- Pain and suffering
- Punitive damages, if applicable
The specifics of the case will determine which of these damages are available to seek out.
Schedule a Consultation with a Cordova Wrongful Death Attorney Today
The loss of a loved one is an incredibly difficult thing to go through. You should not have to endure extreme financial hardships associated with that loss. Fortunately, an experienced Cordova wrongful death lawyer from the Law Office of David E. Gordon can help your family move forward by filing suit for financial relief. Contact us today so we can discuss your pursuit of justice.