Losing a loved one can be a devastating experience, more so if their death was avoidable. If the cause was another person’s negligence or recklessness, you could file a wrongful death claim against the negligent party. The claim is meant to recover the damages you suffered following the loss of your kin.
Here is what you need to know about a wrongful death claim in Tennessee
Who can file the lawsuit?
If you are the spouse or child of the deceased, you can file the claim as long as your intentional acts did not cause the death. In addition, ex-spouses through a divorce cannot file such a claim.
Other parties allowed to file a wrongful death claim include the personal representative of the deceased’s estate, surviving parents who depended on the deceased, and close family kin.
How long do you have to file a wrongful death claim?
In Tennessee, you have one year to seek legal redress for wrongful death. Some exceptions apply in which you can file a claim within two years. If you decide to take action beyond the legal deadlines, your case is likely to be dismissed.
The value of your claim
In Tennessee, economic damages such as burial expenses, lost wages, or medical bills are not capped. You can therefore get full compensation for the monetary damages you suffered. On the other hand, non-economic damages such as pain and suffering or loss of companionship are capped at $750,000.
The court may also award punitive damages in some cases.
What else do you need to know?
Given that a wrongful death lawsuit may be the closest form of justice you will get for the death of your loved one, it is in your best interests that you maximize the settlement. It will go a long way in securing your financial security, especially if the deceased were the family’s breadwinner.