The death of a loved one in Tennessee due to another person’s negligence is often devastating financially and emotionally. If you lost a spouse or family member due to the carelessness or misconduct of an individual or organization, you might have grounds for legal action.
According to the Tennessee Bar Association, you must file a wrongful death lawsuit within one year of the person’s passing, in most situations.
Wrongful death accident types
When a death occurs due to negligence or the actions of a person or organization, the law often determines it was an accident rather than a criminal act. Automobile accidents that might qualify for a wrongful death claim include the following:
- Fatalities caused by defective components or equipment used in a truck, car or motorcycle
- Automobile accidents caused by a negligent driver
- Death caused by the negligence of a trucking company
A wrongful death suit is a civil action. Family members of the harmed person may file this type of lawsuit if they can prove the death of a loved one occurred due to negligence without intent.
Wrongful death suit elements
Proving a statutory duty to your loved one is among the first steps in this type of legal action. Trucking companies owe a duty of care to their employees and those on the road around the vehicles and trailers they maintain. Drivers owe a duty of care to everyone sharing the road with them, making reckless or distracted driving a negligent act. You must also show that the misconduct or careless act of the responsible party caused your loved one’s death.
The damages associated with the fatality must be quantifiable, such as the loss of future income and inheritance, medical bills, funeral and burial costs. Understanding the requirements of a wrongful death suit is essential for obtaining financial compensation that can help you move forward with your life.
