Clarksville Wrongful Death Lawyer
A wrongful death is a death that occurs from the negligence or reckless behavior of another. This type of death can arise in several ways including from an automobile/truck accident, product negligence, a medical error, or other situations caused by negligence. This is a traumatic experience for anyone to endure.
Please contact a Clarksville wrongful death to understand your rights as a survivor of this shocking situation. A compassionate personal injury lawyer could guide you through the process of filing a wrongful death claim and be someone on your side to handle the communications with the insurance companies and lawyers of the defendant.What is a Wrongful Death?
As the name suggests, a wrongful death claim (or lawsuit) is a type of civil legal action that is pursued by loved ones of a person who lost their life. These types of cases are generally made on behalf of the deceased. The focus will be on several things, most notably:
- Helping anyone financially dependent on the deceased with assistance for loss of income and future income that the death has created.
- Allow those who are struggling with the loss to grieve, heal, and move forward in their life. This may be compensated through non economic damages including loss of guidance and companionship.
- Wrongful death claims tend to provide a sense of closure and justice for loved ones who have been left behind.
As a Clarksville wrongful death lawyer, we understand nothing will bring your loved one back. However, you should not have to struggle to heal or cope with life, because of their death, and we can fight to ensure you don't have to. Our wrongful death lawyers in Clarksville will work hard to get you what you are owed. Call The Higgins Firm to learn more now.Proving Negligence
Before you can file a wrongful death claim, you must be able to demonstrate the person who died, lost their life due to the negligent, careless, or reckless actions of another person or party. Proving this misconduct is critical to get you any compensation. Examples of actions that may constitute a wrongful death include:
- Texting while driving
- Driving while intoxicated
- Failure to signal
- Failing to create a safe working environment
- Failure to ensure the premises of a building are safe
- Faulty products
- Failure to adhere to the standards of medical care
- + More
Your Clarksville wrongful death lawyer will need to prove an accident was caused through, what a reasonable person would consider to be, a wrongful, careless, or reckless behavior or action. If you believe this is what led to your loved one's death, compensation may be available. Our wrongful death lawyers in Clarksville will fight hard to ensure you get what you deserve.Eligible Parties to File a Claim
In Tennessee, there are guidelines limiting who can bring a suit against a wrongdoer. A wrongful death claim can be filed by one of the following:
- The spouse or children of the decedent
- An executor of the will
- The natural or adoptive parents of the decedent
- If the decedent does not have any dependents or a spouse, a sibling of the decedent or personal representative may initiate the claim
The state of Tennessee allows a wrongful death claim to be filed within one year of the decedent’s date of death. If a wrongful death claim is not filed within this time, a court may not address it.
Since, there is a limited time frame to file a wrongful death claim, contacting a Clarksville wrongful death lawyer as soon as possible may be advantageous. A lawyer will have the knowledge and experience to recommend the best way to proceed to avoid missing the deadline.Potential Recoverable Damages
There is no amount of money to replace the loss of a loved one. But a Clarksville wrongful death lawyer can help ease the financial burden of the loss. Under Tennessee Code Title 20 §20-5-113, when a suit is filed for a death caused by the wrongful act, fault, or omission of another as found in §20-5-106 and 20-5-107, the survivors have the right to recover. A survivor may recover the following:
- Physical and emotional pain and suffering
- Conscious pain and suffering from the date of the injury until the date of death
- Funeral and burial expenses
- Loss of wages that the deceased would have earned if the accident had not occurred
- Medical expenses
- Loss of consortium
Money cannot begin to replace the loss that you and your family suffered. However, a wrongful death claim can begin to give you peace of mind to handle the debt and expenses that you must handle in the days ahead without your loved one’s presence. Contact a Clarksville wrongful death lawyer as soon as you can to learn more about filing a claim.
Having a lawyer to establish that you have a legitimate claim and gather the evidence to present before the court and insurance companies may be critical to having a successful claim. Also, a lawyer can provide the counseling to what your next steps should be following the wrongful death of your loved one.