Surviving family members of victims who die due to the negligence, maliciousness, recklessness or deliberate behavior of another person might be legally able to file a wrongful death lawsuit against that person or party. A lawsuit of this kind allows the surviving family members to collect compensation for their loved one's untimely death. So, how do I file a wrongful death lawsuit?
In order to file a wrongful death lawsuit in Nashville you will need grounds to file the suit, which is considered civil in nature. The premise surrounding such a lawsuit is that the victim lost his life due to the negligence or intentional act of another person and that the victim's family was directly impacted by the death.
A probate estate must be opened by the surviving family members in order to file a lawsuit on the behalf of their deceased loved one. Should the wrongful death case involve minor children, a guardian might need to be appointed. This decision will be made by the court hearing the case.
A wrongful death lawsuit can be filed by the surviving spouse of the victim or the surviving children of the victim in Tennessee. There are some instances where extended family members, such as siblings and grandparents, can file the lawsuit on behalf of the deceased victim.
Some of the most common grounds for filing a wrongful death lawsuit include car accidents, medical malpractice, an accident related to the victim's work or an unlawful act that happened during a crime.
When filing a wrongful death lawsuit the surviving family members must consider the damages they wish to seek. These can include burial expenses, medical bills, punitive damages to punish the person who caused the death, compensatory damages for the pain and suffering caused and compensatory damages for lost wages the loved one would have earned in their lifetime.
Losing a loved one due to wrongful death is devastating, no matter their age or the circumstances. An experienced wrongful death attorney can answer all of your questions about filing a lawsuit in Tennessee.
Source: the balance, "How to File a Wrongful Death Lawsuit," Julie Garber, May 11, 2017