Losing a loved one is a traumatic experience, especially when it happens due to someone else’s negligence or wrongdoing. In such cases, families can file a wrongful death claim to seek compensation for their losses and hold the responsible party accountable.
The purpose of a wrongful death claim is to compensate the family for their losses, both economic and non-economic. Economic damages may include medical bills, funeral expenses, lost income, and future financial support that the deceased would have provided. Non-economic damages may include emotional pain and suffering, loss of companionship, and loss of enjoyment of life. It is important for anyone considering filing a wrongful death suit to understand the process.
Who can file a suit
Under Tennessee law, the surviving spouse, children, or personal representative of the deceased can file a wrongful death claim. If the deceased had no spouse or children, their parents can file the claim. In some cases, siblings or other relatives may also be eligible to file the claim if they can demonstrate financial dependence on the deceased.
Hire an experienced wrongful death attorney
Although it’s possible to file on your own, it helps to have a wrongful death claims professional in your corner who can guide you through the process and represent your interests. An attorney may also be able to guide you on gathering evidence to support your claim. This may include medical records, police reports, witness statements and any other relevant documents.
The next step requires completing the proper documentation and handing it over to the court.
Negotiate a settlement or go to trial
You may be able to negotiate a settlement with the defendant’s insurance company. If a settlement cannot be reached, you may need to proceed to trial. In the trial, your lawyer will make arguments supporting your case using the evidence previously gathered. If you win, the court will then order the defendant to pay damages.
Filing a wrongful death claim in Clinton, TN can be a complex and emotionally challenging process. However, by understanding the legal requirements, families can seek justice for their loved ones and receive the compensation they deserve.