Compassionate Lebanon Wrongful Death Lawyers Assisting Families
Skilled counsel for survival actions in Mt. Juliet, Cookeville, and across Tennessee
The loss of a loved one is a devastating experience that can leave you grieving and in shock. We understand that money is no replacement for the loss of a loved one. However, families need to address the necessary costs that may suddenly become a burden, such as medical bills and funeral expenses. The entire experience can cause an unexpected physical, emotional, and financial toll on any family.
The wrongful death and personal injury attorneys at Lowery, Lowery & Cherry, PLLC in Lebanon have the experience to secure your family compensation, for both your immediate and future needs after you have lost a loved one in an accident caused by negligence. We not only help you get compensation, but more importantly, we seek justice for the senseless loss.
How does a wrongful death claim work?
“Wrongful death” is a term that describes an instance where one’s negligence causes another person’s death. A wrongful death claim can arise even where someone’s negligence does not directly cause death but rather causes an injury that ultimately becomes fatal. However, claims involving defamation, libel and slander, and other actions affecting the decedent’s character do not survive death and cannot be pursued in a wrongful death suit.
Tennessee law establishes that, “in a wrongful death suit only one right of action exists: the action that the decedent would have had, absent death, against the negligent wrongdoer . . . [t]he decedent is the sole party who holds a right of action or claim in a wrongful death suit.” In other words, a right of action or claim in a wrongful death suit is held by the decedent. The decedent’s survivors assert the decedent’s right of action on behalf of the decedent.
Tennessee wrongful death cases often involve:
- Car accidents
- Pedestrian accidents
- Boat and airplane accidents
- Medical mistakes and malpractice
- Defective products, drugs, or medical devices
- Work-related or workplace accidents
- Assault
What damages are available in a wrongful death lawsuit?
Pursuant to state law, the damages recoverable in a wrongful death action include “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.” Successful plaintiffs in a wrongful death case can recover thousands or even millions of dollars depending on the circumstances of the accident or incident.
Who can file a wrongful death claim in Lebanon, Tennessee?
Only specific people with a legal relationship to the decedent can file a wrongful death action in Tennessee, including:
- The surviving spouse of the deceased
- Children of the deceased
- The deceased person's parents
- Estate administrator or executor can bring a wrongful death action on behalf of the estate
The statute of limitations for bringing a wrongful death action in Tennessee is one year from the date of the injury, not the date of death. The short timeline for taking legal action after the sudden death of a loved one emphasizes the importance of engaging the services of an experienced Lebanon wrongful death attorney immediately. Your lawyer will need time to investigate the incident and prepare a compelling case on your behalf.
How do I know if I have a wrongful death case?
A wrongful death claim is a civil lawsuit seeking financial compensation from the person responsible for causing your loved one's death. If your loved one's death was a result of another person's negligence, you as a surviving family member can pursue a claim for the loss of the deceased. Just as with a personal injury claim, to prevail in a wrongful death claim, the plaintiff must be able to prove that the defendant's negligent actions were the direct cause of death. The plaintiff must also provide evidence of financial harm because of the decedent's death.
For example, a wife who stays at home to care for young children depends on her spouse's salary to maintain the household. The husband is killed in a crash with a drunk driver, and the wife files a wrongful death lawsuit to recover compensation for the loss of her husband who was not only the sole income earner in the household, but a husband and father to young children. Those children have been deprived of the love, care, and companionship of their father, and the wife has been deprived of her husband and life partner.
Can I sue the state of Tennessee for wrongful death?
While it may be a challenging process, it is possible under certain circumstances to file a wrongful death claim against the state of Tennessee. There are separate rules and filing requirements and deadlines when you are planning to sue the state. Therefore, you would do well to enlist the services of a skilled Lebanon wrongful death attorney to make sure that your claim is filed to the appropriate agency using the correct forms and that your right to recover compensation is protected.
How can a Lebanon wrongful death lawyer help?
Our knowledgeable legal team is dedicated to fighting for justice on your behalf. We conduct a complete investigation to discover how the accident happened, who is to blame, who has the right to file a wrongful death suit, and what types of damages are recoverable. Our legal team focuses on client care, and we have a genuine concern for your needs.
At Lowery, Lowery & Cherry, PLLC we empathize with our clients who have suffered tremendous, painful losses whether because of medical malpractice, a car crash, or a workplace accident. We know that you are not eager to get involved in a lawsuit, but when you are facing medical expenses, final expenses, funeral and burial costs, it may be time to consider holding those responsible for the preventable death of your loved one accountable for their actions.
A compassionate wrongful death lawyer from Lowery, Lowery & Cherry, PLLC is ready to consult with you to discuss your case, answer your questions and offer legal guidance specific to your case.
Contact a skilled Lebanon wrongful death attorney for a free consultation
Our legal team is here to help alleviate some of the stress and hardship associated with the unexpected death of a spouse or loved one. Schedule a consultation with a wrongful death attorney at Lowery, Lowery & Cherry, PLLC. You are welcome to call 615-444-7222 or contact us to set up a consultation time at our Lebanon or Cookeville office. We are proud to serve clients throughout the state, including those in Mt. Juliet and Nashville.