What Is Wrongful Death?

wrongful death

10/15/2019 Truck Accidents John Whitfield

A wrongful death lawsuit is a civil case filed against a person or business responsible for causing someone’s death. Certain individuals are entitled by law to file suit if a close relative’s death was caused by another’s wrongful act. The cause of the death can involve:

  • An Intentional Act
  • Defective Design or Manufacturing
  • Failure to Act
  • Negligence
  • Recklessness or Gross Negligence

A wrongful death claim does not have to arise from a specific type of accident. Any incident caused by another individual’s misconduct can give rise to a lawsuit. There are factors that must be present in order for someone to be found liable in a wrongful death case. The first factor needed is someone must have died because of another’s fault. The second factor requires that – had the death not occurred – the victim could have sued the responsible parties for their resulting injuries. The final prong requires an eligible party to be able to file the lawsuit because they suffered damages as a result of the death of the family member or loved one.

Common Causes Of Wrongful Death

  • Motor vehicle accidents, including drunk driving
  • Criminal behavior
  • Exposure to hazardous substances on the job
  • Medical malpractice
  • Premises liability
  • Workplace accidents
  • Pedestrian accidents
  • Bicycle accidents

Each state, including Tennessee, has laws regarding civil death claims. These laws will specify who can file a case, the compensable damages, and any applicable time limits on filing a claim. Every state limits how long you have to bring a claim. This deadline is known as a statute of limitations. While you should never assume it is too late, you should also give yourself as much time as possible to consider your options and take action accordingly. Wrongful death claims can take some time to prepare, and once the statute of limitations expires, it is usually no longer possible to initiate a claim.

Nashville Trial Lawyers

Whitfield Bryson LLP offers free and confidential case consultations for Tennessee families who have lost a loved one due to negligence. If you’ve lost a loved one due to the negligent or reckless actions of another, get experienced legal advice on whether you have a valid claim for wrongful death by contacting us today.