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    There is no way to describe the unique grief that comes from losing a loved one unexpectedly, let alone make up for the emotional and mental anguish that you and your family are suffering. While a civil damage award cannot erase the pain you are going through, it could be vital to protecting your family’s financial security and your future prospects.

    If someone else’s neglect or wrongful act directly led to a loved one dying prematurely, a Bartlett wrongful death lawyer could help you hold them accountable. If you want to pursue litigation, a dedicated personal injury attorney at the Reaves Law Firm, PLLC could be an irreplaceable ally every step of the way, working tirelessly to enforce your rights and pursue an optimal case resolution.

    How Does Wrongful Death Litigation Work?

    According to Tennessee Code §20-5-106, the right to pursue civil compensation following an accident caused by someone else’s negligent or unlawful behavior “survives” the death of the prospective plaintiff. In other words, if someone passes away due to circumstances that would have allowed them to file a personal injury lawsuit if they had lived, surviving family members may file suit in their name based on the same incident.

    On that note, though, only certain family members are allowed to file a wrongful death claim in Tennessee, and not all of them have the exact same right to do so. In order of priority, legal standing to pursue this type of claim falls first to:

    • The decedent’s surviving spouse
    • Then their children
    • Then their surviving next of kin
    • Finally, their personal representative—or “executor”—of their estate

    A deceased person’s parent(s) may pursue a wrongful death claim if the decedent was financially dependent on them at the time of death.

    Notably, the same one-year filing period that applies to other forms of personal injury litigation under TN Code §28-3-104 also applies to wrongful death claims, with said period beginning on the date of wrongful death rather than the date on which the accident responsible for the wrongful death occurred. A Bartlett wrongful death attorney could explain these and other legal rules in more detail during a confidential consultation.

    Compensable Losses Following a Wrongful Death

    A wrongful death claim’s purpose is to recover compensation on behalf of a decedent’s surviving family members for losses those family members have sustained and will sustain due to losing their loved one. Specific damages that a lawyer could potentially work into a Bartlett wrongful death case include:

    • The decedent’s medical expenses prior to passing away
    • Funeral and burial costs
    • Lost future income and/or financial support the decedent would have provided
    • The decedent’s pain and suffering prior to passing away
    • Lost consortium with a spouse
    • Lost love, companionship, guidance, and society

    Up to $500,000 or twice the value of compensatory damages may additionally be imposed as punitive damages against any defendant found to have engaged in malicious, fraudulent, or egregiously reckless behavior.

    A Bartlett Wrongful Death Attorney Could Help

    Any death caused by negligence or an overtly wrongful act is a tragedy, and one that could justify substantial financial recovery. However, enforcing your rights while still protecting your family’s interests and wellbeing can be virtually impossible without assistance from committed legal counsel.

    A Bartlett wrongful death lawyer’s support could be crucial throughout every stage of this uniquely sensitive type of case. Call today to schedule a private meeting with one of the compassionate attorneys at the Reaves Law Firm, PLLC.

    How Can We Help You?

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