Tennessee Wrongful Death Accident
Attorney
Nothing can be more devastating than the loss of a loved one.
Wrongful death is a term used to describe a situation in which
someone's negligence results in another person's death. Sometimes,
negligence results in an injury that later leads to death, but
the untimely death of that person is still the direct result
of the negligent party's action. The damages in wrongful death
cases differ significantly from those of typical personal injury
cases and, therefore, require a specialized approach from a dedicated
and experienced trial lawyer.
When you unexpectedly lose a loved one, you
enter a dark and trying time. Consequently, lawyers handling
wrongful death claims should maintain the highest standards
of both professionalism and sensitivity. Here at the Law Offices of Stephen
A. Burroughs in Knoxville, Tennessee, we are able
to handle these difficult cases delicately and discreetly, as
we try to assist you through your difficult situation.
Wrongful death is the term used when someone causes the death
of another person. The death may be caused by the actions of
someone or by their failure to act (neglect). Wrongful death
is a civil action rather than a criminal action. Since the person
killed (decedent) cannot file suit or collect damages, it is
the family or representatives of the estate that do so. The intent
is to recompense family members who have suffered monetarily
and emotionally from the death. Damages can be assessed for lost
wages and benefits, loss of companionship, and emotional pain
and suffering caused by the trauma.
A defendant can only be held responsible for a wrongful death
if it can be proved that the defendant's conduct was the cause
of the death. It must be proved that the death would not have
occurred without the defendant's act. The time between the defendant's
action and the death of the decedent is not a factor as long
as it can be proved that the defendant's action was the cause
of death.
If it can be shown that the decedent was partially responsible
for his death, then he may be found to have comparative or contributory
negligence and dependent upon the state in which the incident
occurred, damages may be awarded based on the percentage of negligence
imputed to the decedent. Also, if the decedent failed to seek
appropriate medical care and that failure led to his death, there
may be no grounds for a wrongful death claim or a reduction to
an award.
Different states have different methods for deciding who may
file a wrongful death suit and who may recover damages. Generally,
it must be shown that the death was caused by another's wrongful
act; that the act was such that the decedent would have been
due damages from the act; and that monetary damages did arise
from the act. If these three criteria are met, it is possible
that a wrongful death claim can be filed.
In a case of wrongful death, damages are assessed to compensate
family members for their loss. There are many ways in which damages
can be calculated. Since damages can be awarded in a number of
areas, it is important to examine each one carefully.
The most obvious loss in a case of wrongful death is the actual
expense occasioned by medical and death expenses. These are usually
easy to determine.
Less obvious but equally important is the loss of future earnings
and benefits, as well as the loss of companionship. These damages
are more difficult to calculate and include anticipating the
lifespan and earnings of the decedent, as well as the relationship
to remaining family members.
Loss of companionship is very difficult to calculate since it
is totally subjective and does not lend itself to empirical measurements.
It is a measure of the emotional pain and suffering experienced
by the survivors.
A final area of damages is punitive damages. This is an amount
awarded to punish the person who caused the death, rather than
to compensate for a specific loss. It can typically only be awarded
when the action of the defendant was intentional or grossly negligent.
What You Need To Know:
Insurance companies' obligations are to their stockholders and
policy holders, not to the people injured by their insured's
negligence. Insurance companies' desire to maximize their own
profits provides them with every motivation to try to deny your
claim or pay you the very minimum amount that they can get away
with. The insurance companies also have enormous advantages:
they have immense wealth, armies of experienced adjusters and
lawyers and years of experience reducing and denying claims.
At the Law Office of Stephen A. Burroughs,
our only obligation is to you, our client. We will use our experience
and every resource available to protect your interests, and we
will work hard to help you receive the full value for your case.
We will advise you every step of the way to help you avoid any
mistakes that could cost you money. There is no charge for attorney's
fees until you recover money for your personal injuries, and
we will also help you resolve your property damage claims for
no fee whatsoever. For assistance, call today at 1-877-300-3773, contact
us or submit
an free online case evaluation.
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