What Constitutes Wrongful Death in Nashville?

In Nashville, wrongful death occurs when someone dies from another person's negligence. There are options for pursuing compensation for wrongful death, but navigating the legal system can be complex and confusing. That's why you need to understand what constitutes wrongful death and have an experienced wrongful death attorney on your side.

What Constitutes Wrongful Death in Nashville?

Negligence 

Negligence occurs when an individual or entity fails to act reasonably, resulting in the death of another person. The victim must show that the defendant had a duty to take reasonable care for their safety and failed to do so. They need to show evidence of reckless or careless behavior on the defendant's part. 

Causation 

Causation means establishing a direct link between the actions or omissions of the defendant and the deceased's death. It requires proving that the defendant's conduct was a substantial factor in causing the death. The plaintiff must prove that the death would not have occurred without the defendant's actions.  

Damages 

The plaintiff must prove they suffered financially due to the wrongful death incident. This may include funeral expenses and medical bills for any treatment before death. They also need to prove lost wages from missed work due to injury or illness related to the incident. 

Common Types of Wrongful Death 

Car Accidents

Nashville has over 100 fatal crashes yearly. If your loved one died in an auto accident caused by someone else's negligence or wrongdoing, you might be able to pursue a claim for damages. Negligence or reckless behavior may include disobeying traffic laws and driving under the influence of drugs or alcohol. It can also include texting while driving or excessive speeding. 

Medical Malpractice

Medical malpractice occurs when healthcare providers fail to provide adequate care and treatment, resulting in patient injury or death. This can include misdiagnosis or failure to diagnose, surgical errors, and medication errors. If you believe your loved one died due to medical malpractice, speak with an experienced medical malpractice lawyer. 

Workplace Accidents

Workers' compensation laws provide coverage for employees who suffer injuries while on the job. If the injury results in death, family members may be entitled to compensation through a wrongful death suit against the employer. 

Products Liability Claims

Product liability claims arise when someone is injured or killed due to a defective product or service provided by another party, such as a manufacturer or retailer. These claims can involve anything from cars and toys to prescription drugs and medical devices. Any product that causes harm can be subject to a product liability claim. This happens if it is found that the defect was responsible for the injury or death of an individual. 

Premises Liability Claims

Premises liability claims occur when someone suffers an injury on someone else's property due to negligence in guaranteeing safety standards are met. This means there were inadequate security measures resulting in an injury.

If this negligence results in death, family members may bring forth a premises liability claim. This should be against the property owners responsible for providing safe conditions on their property.

Filing a Suit

In Tennessee, some specific people can file suit for wrongful death. They include the living spouse and children of the deceased. Parents of unmarried minors and/or adults without children can also file. 

If there is no surviving spouse or children, the deceased's estate can be held liable for damages arising from the wrongful death. Other family members may also be able to pursue legal action if they can prove their economic dependence upon the deceased. Any person whose financial situation has been affected by the deceased's death may also be eligible to seek compensation. 

The Statute of Limitations 

In Nashville and across Tennessee, there is a statute of limitations for filing a wrongful death lawsuit. This means you have only one year from the date of your loved one's passing to file suit against the responsible party. After this one-year window has passed, you will no longer be able to pursue legal action against those responsible.

Hire an Experienced Wrongful Death Attorney

As someone who has lost a loved one due to wrongful death, seek legal advice from an experienced wrongful death attorney familiar with Tennessee law. They can help you determine whether you have grounds for filing a lawsuit for damages due to wrongful death. Doing so may bring justice and help ease your financial burden during this difficult time.