Wrongful Death

Losing a loved one is always painful, but the loss can be particularly devastating, when their life is taken due to someone else’s negligence. Our lawyers understand that the feelings of anger and injustice you feel can make it almost unbearable and extremely difficult to accept. Fortunately, Tennessee law provides families with the right to pursue justice for the wrongful deaths of their loved ones through the court system. If your family member has been lost due to the negligence of another person, then you have the right to sue the at fault party to seek justice on their behalf and receive compensation for the loss of your loved one. Nothing and no one can bring back your loved one, but the attorneys at the Law Office of Burroughs & Capps have extensive experience helping loved ones successfully bring wrongful death claims, while helping protect the privacy and dignity of those involved. Our attorneys can help you fight for compensation, and we will fight to correct any issue that may have caused your loved one’s death.

What is Wrongful Death?

A wrongful death claim occurs when somebody loses their life due to somebody else’s fault, negligence, recklessness or criminal behavior. This can happen in any number of ways, including an auto accident, tractor/trailer crash, slip and fall, dog attack, nursing home abuse/neglect, etc. To determine whether you have a wrongful death claim, call the Law Office of Burroughs & Capps. We have aggressive lawyers with years of experience handling wrongful death cases ready to assist you, so when you are seeking justice for the wrongful death of a family member, you do not have to go it alone. Call (877) 300-3773 right now and get the lawyers at the Law Office of Burroughs & Capps to fight for you. They will get started on your case immediately and work tirelessly to win your wrongful death claim.

How do you file a wrongful death suit? Can you explain the process?

The state of Tennessee allows the appropriate party to file a wrongful death case. Generally, the appropriate party is a spouse, however, if there is no living spouse then the right passes to the decedent’s surviving children, if any. In cases, where there is no living spouse or children then the right passes to the surviving next of kin. Only the appropriate party can bring a wrongful death claim, and our office can easily help you determine who that would be regarding your potential claim. Once the appropriate party to bring the claim is determined, a wrongful death case is handled in a similar manner to other lawsuits for personal injury. There are some differences in damages that can be claimed and procedures that must be followed, but these differences vary from claim to claim and would be explained fully by our attorneys as we worked on your claim.

What compensation can you seek in a Tennessee wrongful death claim?

In a wrongful death claim in Tennessee, you can seek compensation for the full value of the life of the deceased, which includes monetary compensation for lost wages and benefits, medical and funeral costs, as well as the intangible of loss of love, support and companionship by family members and any pain and suffering the deceased may have experienced. We take these cases very seriously and explain the process as we work the claim. Our firm has successfully handled many wrongful death cases, and we have an excellent and experienced team ready to fight for you and your family.

Is a wrongful death settlement taxable?

A typical wrongful death settlement is not taxable. The only taxable income in such a lawsuit would result from us being able to recover punitive damages, which are not generally recoverable in most Tennessee wrongful death cases.

Who can you sue for wrongful death?

The short answer is that you can sue any person or entity (or any number of persons or entities) that committed the wrong that resulted in the death of your loved one. Tennessee law provides that all persons who caused or contributed to the death may be sued, and each person or entity would be responsible to the extent that they caused or contributed to the death of your loved one. If multiple people or entities appear to be at fault, then our firm can help determine who should be sued and how much fault should be assigned to each.

How long does a wrongful death suit take?

The goal at the Law Office of Burroughs & Capps is to get you as much money as we can, as quickly as we can regardless of the type of case. However, we will also be thorough and diligent so that you can be assured that you are getting the best recovery possible. Many of our cases are settled before we go to court, but that doesn’t mean we are shy about taking anyone to trial. Every wrongful death case is different. Call us today at (877) 300-3773 and one of our attorneys will review the facts of your potential claim. As always, your call is free and confidential.

Can you sue a hospital or other business for a wrongful death?

Yes. If somebody is responsible for your loved one’s death, you have the right to pursue a wrongful death suit against that person or business, no matter who or what that person or business may be. In medical cases, you can sue a hospital, doctor, nurse or other hospital employee. Call our Wrongful Death attorneys at (877) 300-3773 today to see if you have a case.

What is the statute of limitations for a wrongful death case in the state of Tennessee?

The statute of limitations in Tennessee for a personal injury case, including a wrongful death case, is generally one year from the date of the incident, but there are some exceptions. Don’t delay, call an attorney today. No matter the statute of limitations, the sooner you call an attorney, the faster we can start investigating your case and work on preserving the necessary evidence. The more time that passes, the more difficult a case can become. Witnesses disappear, memories fade, accident scenes change, and it becomes more difficult with the passage of time to put together the pieces of evidence necessary to prove your case. We urge you to call a Wrongful Death attorney at Law Office of Burroughs & Capps at (877) 300-3773 as soon as possible. Your loved one can never be replaced, but we can help you get the monetary compensation you need to help you rebuild your life.