How to File a Wrongful Death Claim in Tennessee
Request Free ConsultationFiling a wrongful death claim in Tennessee requires proving that the death of a person is directly the fault of the injuries received from another and that it was committed in some type of wrongful act, in an omission, or the killing by another person. If you believe you have the grounds to show that a wrongful death occurred, it is critical to contact an attorney to discuss your case before filing a claim. A Nashville wrongful death lawyer from Selvidge Injury Law can be of assistance.
To File a Wrongful Death Claim in Tennessee, You Must Meet Eligibility Requirements
Prior to moving forward to file a wrongful death claim, ensure that you have the legal right to file a claim based on your eligibility. The right belongs first to the spouse of the person who died, and if there is no surviving spouse, it then follows the following order of people who may be able to file a claim:
- The surviving children
- If there are no surviving children, the next of kin
- The personal representative of the deceased person’s estate may also file a claim
- The surviving parent or parents, if the person who died was a dependent on their parents, such as a minor, at the time of the death
If you meet these requirements, you are then able to file a civil lawsuit in the civil court system in Tennessee, generally in the county where the death occurred. This legal process requires that the party that is at fault is held accountable for the losses they caused.
To File a Wrongful Death Claim in Tennessee, Have the Evidence to Prove Your Case
One of the most important steps in filing a wrongful death case in Tennessee is having detailed evidence that shows that the person or persons named in the lawsuit are, in fact, responsible. Some examples of the type of evidence needed to prove a wrongful death claim may include:
- Statements from anyone who witnessed what occurred
- Photos or videos of the incident or the aftermath of it
- Any safety records that demonstrate a lack of safety that contributed to the risk
- Police reports that document what occurred
- Data from other sources that can verify the mistakes and negligence made
Wrongful death claims can occur for many reasons and in numerous circumstances. As a direct result, it is critical that you document all of the details possible to prove your rights.
Prove That Your Loved One Suffered Losses as a Result of the Death
Finally, you must also file a wrongful death claim in Tennessee that outlines the specific losses suffered. Those losses may include:
- The loss of life
- Financial losses related to funeral costs and burial fees
- End-of-life medical care
- Loss of future wages and/or earning capacity
- Dependent financial support
- Losses related to pain and suffering
Bringing a wrongful death claim in Tennessee requires careful evaluation and consideration of your specific situation. Working with a wrongful death attorney in Tennessee is a critical step in ensuring you document losses and gather thorough evidence to prove your case and outcome. Call the office of Selvidge Injury Law today for a free consultation.