The unexpected loss of a loved one is a grievous tragedy that can make all other concerns in life seem trivial. This is especially true if the death occurred due to another person’s malicious or negligent actions. Beyond the emotional trauma, surviving family members often face financial hardship due to lost income and the deceased’s medical bills.
Although no amount of money can undo the loss of a loved one, you may be able to regain your financial footing by filing a wrongful death claim. Pursuant to Tennessee Code Annotated section 20-5-106, a wrongful death occurs when a person dies due to another person’s wrongful act, omission, or killing.
If you have questions about Tennessee’s wrongful death laws or about the claims process, contact the Law Office of George R. Fusner Jr. Mr. Fusner will answer your questions and evaluate your case to determine if you have grounds for a wrongful death lawsuit. Call 800-427-8960 to schedule a free consultation with an accident lawyer in Nashville.
Statute of Limitations for Wrongful Death Claims
The statute of limitations is a deadline by which you must file your wrongful death lawsuit. If you attempt to file your lawsuit after the statute of limitations has expired, it is likely that the court will dismiss your case.
In the state of Tennessee, most wrongful death lawsuits must be filed within one year of the death; however, the court can extend the statute of limitations through a process called “tolling.” This typically occurs in cases that involve minors, adults who do not have the capacity to file a lawsuit, or if a disaster occurs. The court might also decide to toll the statute of limitations if the defendant acted fraudulently to conceal evidence or information related to the wrongful death.
Recoverable Damages in Wrongful Death Claims
The damages that you are able to recover in your wrongful death claim will depend on the specific facts of your case. In the state of Tennessee, the following damages are recoverable after a wrongful death:
- Medical bills incurred due to the deceased’s final injury or illness;
- Funeral and burial expenses;
- Income the deceased lost between his or her final injury and death;
- Any loss of enjoyment of life suffered by the deceased due to his or her final injury;
- Mental anguish the deceased suffered due to the final injury;
- Lost income and benefits the deceased would have earned had he or she survived;
- Loss of time, pain and suffering, and other expenses incurred by the family due to the death; and
- Loss of companionship, society, and love.
If you believe that your loved one was a victim of wrongful death, contact the Law Office of George R. Fusner Jr. Mr. Fusner has been a practicing attorney since 1977. Call 800-427-8960 today to schedule a free consultation with an experienced personal injury attorney in Nashville.
