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Collecting Damages in a Wrongful Death Case

shutterstock_122182672-e1453964047362.jpgA wrongful death-losing a family member because someone else put him or her unnecessarily at risk-is a wrong in the state of Tennessee. The victim's estate (through a wrongful death attorney) can file a claim against the responsible party seeking monetary damages.

What Is Wrongful Death

A wrongful death is caused by the reckless acts, errors, negligence, or intentional acts of another. Examples include a motor vehicle accident, medical negligence, manufacturer defect, and prescription errors.

Filing a Wrongful Death Claim

If the victim is married at the time of his death, his spouse will be able to file a wrongful death claim on the victim's behalf. If the victim is not married, or there are extenuating circumstances, the parents or adult children will have the right to ask the court for relief. If the victim is under the age of 18, the parents may be eligible to file a wrongful death case. In certain cases, the court may allow other parties, such as siblings or the executor of the will to file a wrongful death claim.

The Tennessee statute of limitations limits how long after the death occurred a claim can be filed. Generally speaking, the estate has only one year from the date of the injury to file a claim, making it important that any family member who has lost a loved one under suspicious circumstances seek advice from a Tennessee wrongful death attorney as soon as possible.

Eligible Damages

Families may be eligible to collect on numerous damages, including funeral and medical expenses, loss of potential future earnings, loss of property, loss of personal wages, and pain and suffering. Once a settlement is obtained, the funds will be distributed in accordance with the victim's will and the state's detailed distribution regulations.

When a family member dies due to someone else's error or neglect, a wrongful death claim may not ease your grief, but it can help you recover financially. A claim like this will also allow you to seek some type of justice and ensure that the responsible parties are held accountable. The most important thing is that you seek out a wrongful death attorney as early as possible, to ensure you are able to file a claim within the one year allowable statute of limitations.

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