When negligence or carelessness causes your loved one’s death, you face not only a devastating tragedy but also financial consequences which may include medical bills, end of life expenses, and the loss of the deceased’s income. You have legal rights in these situations. A Knoxville wrongful death attorney can help you enforce those rights and recover the compensation you deserve.
The Lawyers of Brown and Roberto have more than 20 years of collective experience with wrongful death cases in the Tennessee area. We have successfully recovered more than $50 million for our clients, and, in most of our cases, we are successful at helping those who we represent to secure justice.
Give us a call at (865) 691-2777 today to learn how we can represent you when your loved one has lost their life.
Why Choose Our Knoxville Wrongful Death Lawyers?
- Our firm understands the emotional and financial toll of losing a loved one due to someone else’s negligence. We approach each wrongful death case with compassion and determination, fighting tirelessly to secure justice for your family.
- For years, we have helped Knoxville families navigate the complex wrongful death process and identify all potential sources of compensation. Our Knoxville personal injury lawyers work diligently to seek damages for loss of companionship, lost future earnings, funeral expenses, and more.
The Lawyers of Brown & Roberto offer a Serious Lawyer Guarantee for wrongful death cases. If we do not demonstrate our commitment to you and your case within the first 30 days, you can take your file with no questions asked and no fee charged.
When Can You Make a Wrongful Death Claim?
Under Tennessee Code Section § 20-5-107 a wrongful death case can be initiated “by the personal representative of the deceased or by the surviving spouse in the surviving spouse’s own name, or, if there is no surviving spouse, by the children of the deceased or by the next of kin.”
Wrongful death claims may be brought against a defendant any time the defendant’s negligence was the direct cause of harm to the victim. If the victim could have sued for personal injury if the damage hadn’t been fatal, then survivors can make a wrongful death claim.
The Lawyers of Brown and Roberto have represented clients after many incidents resulted in a wrongful death. Common examples of cases our attorneys focus on include:
- Fatal auto accidents including car, truck, bicycle, and pedestrian crashes
- Deadly slip-and-falls
- Fatal construction accidents
- Deadly workplace injuries
- Fatal dog bites
We understand just how painful it can be to lose a loved one, and we treat wrongful death claims with the compassion you deserve, providing clear communication and top-notch legal representation from day one.
What Does a Knoxville Wrongful Death Attorney Do?
Managing a legal claim isn’t easy in the aftermath of a tremendous loss. As you cope with grief and focus on rebuilding, the Lawyers of Brown and Roberto will take care of navigating complex legal issues on your behalf.
Our firm will:
- Identify all defendants to make a claim against. For example, in some truck accident cases, you may be able to pursue a claim not just against the driver of the truck but also against the trucker’s employer who may have more insurance coverage to fully compensate you.
- Gather evidence necessary to prove your wrongful death claim such as police reports, witness testimony, and testimony from experts that can help you demonstrate the extent of your lifelong losses.
- Work to negotiate a settlement or file a successful lawsuit against the parties responsible for causing your loved one’s death.
Under Tennessee Code Section 28-3-104, a one year statute of limitations applies to wrongful death claims arising from an injury. You have a very short period of time to ensure you are fully compensated for all that the defendant took from you. You can’t afford to wait to make your case.
The Knoxville personal injury attorneys at The Lawyers of Brown and Roberto work hard to establish trust with our clients from day one so you can feel confident that you have an advocate fighting for you. We won’t rest until we get you justice and we have both the negotiation skills and courtroom experience necessary to resolve your claim in the best way possible.
Damages for a Wrongful Death Claim
Tenn. Code Ann. Section 20-5-113 explains the compensation that victims should be entitled to in a wrongful death claim. According to the statute:
“Where a person’s death is caused by the wrongful act, fault or omission of another and suit is brought for damages, the party suing shall… have the right to recover for the mental and physical suffering, loss of time and necessary expenses resulting to the deceased from the personal injuries, and also the damages resulting to the parties for whose use and benefit the right of action survives from the death consequent upon the injuries received.”
This means you can be compensated for the costs of medical care your loved one received before death and for the pain they endured, but also much more than that. Additional damages you can recover include:
- Loss of the wages the deceased would have earned over their life.
- Loss of companionship or loss of consortium because your own relationship with the deceased person has been lost.
However Tennessee Code Section 29-39-102 imposes a $750,000 cap on non-economic damages in most cases. Financial losses, like the cost of medical bills and lost wages, are not subject to this limit but non-financial losses such as compensation for pain and suffering or lost companionship are limited.
Tennessee Code Section 29-39-102 does increase the limit and allow for up to $1 million in compensation for non-economic damages but only when injuries are catastrophic in nature. This includes the wrongful death of a parent who had full or partial custody of a minor child.
Who Receives Compensation After a Wrongful Death?
Tennessee intestacy laws determine how a wrongful death settlement is distributed. Under Tenn. Code Ann. § 31-2-104, if the deceased person leaves both a surviving spouse and children, the surviving spouse receives one-third of the deceased share or a child’s share, whichever is greater.
If the deceased person has no surviving spouse, the recovery is distributed to the decedent’s children according to their degree of kinship, according to Spires v. Simpson.
Proving Negligence in a Knoxville Wrongful Death Claim
To successfully recover compensation in a Knoxville wrongful death claim, you will need to establish the at-fault party’s negligence. This means that the wrongful actions or lack thereof on the part of the defendant directly caused your loved one’s death, thus making them liable for any damages sustained by the family or estate.
At The Lawyers of Brown and Roberto, we take a comprehensive approach to establishing negligence and proving our clients’ right to fair compensation. We will gather enough evidence to prove four key elements:
- Duty of Care: The defendant had a legal obligation to act in a reasonably safe manner to prevent harm to others. This duty varies depending on the circumstances, such as a driver’s responsibility to follow traffic laws or a doctor’s obligation to provide competent medical care.
- Breach of Duty: The defendant’s actions or inactions fell below the accepted standard of conduct, breaching their duty of care. This may occur through recklessness, carelessness, or intentional misconduct.
- Causation: There is a direct link between the defendant’s breach of duty and your loved one’s death. In other words, the defendant’s negligence was the primary cause of the fatal incident, and if they had upheld their duty of care, the death would not have occurred.
- Damages: The family and estate of the deceased suffered damages that they can claim in the wrongful death claim. This includes economic damages like medical expenses and lost income, as well as non-economic damages such as pain and suffering and loss of companionship.
To build a strong case, we use various types of evidence, such as accident reports, medical records, surveillance footage, and eyewitness testimonies. We also consult with accident reconstruction specialists, medical experts, and financial analysts to provide professional opinions that support your claim.
Time Limits for Filing a Wrongful Death Lawsuit in Tennessee
Tennessee law imposes a strict one-year statute of limitations for filing wrongful death lawsuits. This means you typically have just one year from the date of your loved one’s death to initiate legal proceedings, or the court will dismiss your case.
Tennessee Code § 28-3-104. Limitation of Actions.
(a)(1) Except as provided in subdivision (a)(2), the following actions shall be commenced within one (1) year after the cause of action accrued:
(A) Actions for libel, injuries to the person, false imprisonment, malicious prosecution, or breach of marriage promise.
While exceptions exist, they are rare and specific. The Lawyers of Brown and Roberto strongly advise against delay in these situations. By contacting a Knoxville wrongful death lawyer as soon as possible, your family has the best opportunity to build a robust case, preserve evidence, and protect your right to seek justice and compensation.
Let the Lawyers of Brown and Roberto Handle Your Knoxville Wrongful Death Claim
There’s a lot of money at stake in wrongful death claims and many important legal issues are often raised. You need a skilled and dedicated legal professional to guide you during this type of case. A Knoxville wrongful death lawyer at the Lawyers of Brown and Roberto can help.
Contact the Lawyers of Brown and Roberto at (865) 691-2777 today to schedule a free consultation and learn how we can help you.