Families who have recently lost a loved one through acts of negligence may want to speak with a wrongful death attorney to evaluate their case.

What Are Wrongful Death Claims?

Cornell Law School defines a wrongful death action as “a civil action against someone who can be held liable for a death.” Wrongful death claims are typically filed by the estate of a deceased individual and/or their close relatives. These claims argue that the death was caused by the negligence of another party.

In a wrongful death claim, the decedent’s survivors bring a claim based on the harm they suffered due to the loss of their relative.

Each state has its own statutes determining how wrongful death claims are overseen. In some states, individuals must bring both wrongful death claims — claims for the “full value of the life” of the deceased party — and “survival” claims, which allow the family members to recover punitive damages in addition to damages for pain and suffering and expenses associated with the death, such as  funeral costs.

Each state makes its own statute of limitations. Additionally, the circumstances surrounding the death may extend the statute of limitations.

What Situations Qualify for Wrongful Death Damages?

There are a variety of situations where wrongful death claims may be appropriate, including traffic accidents, medical malpractice, slip and fall injuries and workplace accidents.

Traffic accidents may result in life-threatening injuries and death. When someone dies in a traffic accident caused by the negligence of a reckless driver, the family of the deceased may be able to seek wrongful death damages from the negligent driver. Drunk, distracted and fatigued driving can all be examples of negligence.

Medical malpractice may also qualify for wrongful death claims. If a doctor’s negligence caused the death of the patient, the doctor may be held accountable. Doctors are routinely trusted with the lives of their patients. A simple mistake can have life-ending consequences.

Ordinary slip and fall accidents may also result in life-threatening injuries. If a death occurs due to a slip and fall accident, the parties responsible for the premises may be liable.

If an employer’s negligence results in the death of an employee in a workplace accident, the employer may be liable for wrongful death damages. Employers have a duty to provide a safe work environment for their employees, meaning that they may be held accountable for deaths caused by negligence.

Do I Need a Wrongful Death Attorney in Nashville?

In Nashville, wrongful death claims fall under personal injury statutes of limitations. This means that wrongful death claims may only be brought for one year after the date of the loved one’s death.

In order to bring an effective case against negligent parties, individuals may want to speak with an experienced wrongful death attorney. Because finding the right legal professional can be stressful, Top Class Actions has taken some of the guesswork out of the search. Individuals can fill out the free form on this page to be put in contact with an experienced wrongful death attorney who can help evaluate wrongful death claims.

This article is not legal advice. It is presented
for informational purposes only.