A wrongful death exists when someone dies due to the negligence of another person or entity. This can occur in several scenarios. For instance, a negligent driver may cause a fatal crash, while mistakes by a healthcare provider can lead to a patient’s death.
These are just a few examples of when a wrongful death may arise. Whatever the case, the negligent party ought to be held responsible and justice served. If you are wondering whether you have a valid wrongful death claim, here are the questions you need to answer:
How are you related to the deceased?
Only certain people can file a wrongful death claim in Tennessee. Mostly, it is a reserve of the deceased close kin or dependents and their personal representative. A friendship may not meet the legal threshold required to bring a wrongful death claim.
What were the circumstances of their death?
You may not have a valid claim if the element of negligence is absent from your case. In other words, the party you seek to hold liable must have breached the care of duty owed to your loved one, which led to their death. Negligence is among the crucial aspects that may make or break your case.
When did it happen?
There is a legal window beyond which it may be impossible to file a wrongful death claim in court. In Tennessee, you have one year from the death to bring a claim, although certain provisions may extend the deadline.
Protect your rights and interests after a wrongful death
Compensation may not change the situation, but it will help you adjust to the emotional and financial burden of losing a loved one. Therefore, it is worthwhile to learn more about how wrongful death claims work to increase the odds of a desirable outcome and, while at it, what you can do to safeguard your interests.