When a loved one dies due to someone else’s negligence or misconduct, surviving members of the family may file a claim for wrongful death. In such cases, the person responsible for the death may be found liable whether or not they were ever convicted of criminal charges in the matter.
An accident can create tremendous costs in medical bills and funeral expenses, along with a lifetime of lost wages that can continue to cause stress and heartache for your family. The Lawyers of Brown & Roberto work on your behalf to recover the money you are legally entitled to under Tennessee law.
Elements of a Wrongful Death Lawsuit
In order to bring a successful wrongful death claim, the following elements must be present:
- Obviously, the claim must involve the death of a human being.
- The death must have been caused by someone else’s negligence, or other fault which causes harm.
- There must be surviving family members.
- There must be a surviving spouse or an appointed personal representative for the decedent’s claim.
A wrongful death claim may arise from a number of different situations, including:
- Medical malpractice.
- A motor vehicle accident.
- Exposure to hazardous conditions or substances at work.
- Criminal or reckless behavior.
- Death during a supervised activity.
Damages in a Wrongful Death Lawsuit
Financial injury, referred to as pecuniary injury, is what the court will mainly consider in a wrongful death suit. This may include the loss of support, lost services, and the loss of a potential inheritance, along with any expenses incurred from the medical treatment and funeral. The court will try to determine a fair and just compensation for the total amount of these expenses, plus loss of consortium (losses related to the relationship with the loved one).
Do you have a Wrongful Death Claim?
When an accident leads to wrongful death of a family member, the total consequences cannot be measured. The Lawyers of Brown & Roberto are serious lawyers, who know how to win. We work to help you and your family recover from the effects of a fatal accident, and to provide compassionate guidance, personalized service and experienced counsel.
Contact us today for a free consultation. We’ll discuss your case with you, answer any questions that you have, and advise you on your best course of action. Our contingency based fee arrangement means that we won’t get paid unless you recover damages. Our office is conveniently located in Knoxville, with plenty of free parking. Call (865) 691-2777 or use the convenient contact form below.