Are you struggling with the death of a family member after a fatal accident in Brentwood, Tennessee? You do not have to go through this difficult time alone. Call Labrum Law Firm Personal Injury Lawyers at (615) 455-3384. Our Brentwood wrongful death lawyers are here to help you fight for the compensation your family needs and deserves.
We understand how devastating it can be to lose a loved one unexpectedly. We’ve dedicated our careers to helping families take action and demand financial justice in the wake of a tragic loss. Our results speak volumes, with millions in life-changing awards recovered.
Put yourself in the best position to get the results you deserve. Contact our Brentwood, TN, law office to set up a free consultation today.
How Labrum Law Firm Personal Injury Lawyers Can Help After a Fatal Accident in Brentwood, TN
What caused your loved one’s death? Who’s at fault? What kind of evidence will you need to prove liability and win your case? What happens if the insurance company tries to blame your family member for their fatal accident?
Focus on grieving your loss and moving forward with your life. Let our Brentwood personal injury lawyer handle these questions and your fight for compensation for you.
When you turn to our award-winning legal team for help with your wrongful death case, you’ll be able to count on us to:
- Conduct a thorough, independent investigation into the fatal accident that caused your loved one’s premature death
- Carefully evaluate evidence, including medical records, accident reports, property damage, witness statements, video recordings, and more
- Bring in experts and specialists to help us build your case and calculate your damages
- Defend against attempts to shift blame and reduce the value of your wrongful death case
- Aggressively seek a top-dollar settlement offer during negotiations
- Advocate for your family at trial in Williamson County, TN, if necessary
You’re going through an incredibly difficult time in your life. Labrum Law Firm Personal Injury Lawyers will be there to stand beside you and help you on your road to recovery. Contact our law office in Brentwood to arrange a free consultation. We work on contingency, so there’s never a need to worry about the cost of hiring our personal injury law firm. You’ll only pay if we win compensation for your wrongful death case.
How Does Tennessee Define Wrongful Death?
Tennesse defines wrongful death in Section 20-5-106 of the Tennessee Annotated Code.
The law provides that a wrongful death occurs when:
- A person dies from injuries received from another, OR
- A person’s death is caused by the wrongful act, omission, or killing by another, AND
- The victim would have been able to file a personal injury lawsuit if they’d lived.
The right to bring a lawsuit doesn’t disappear. Rather, Tennessee law allows it to shift to the victim’s surviving family member(s) and/or estate.
Advocating for Families in All Types of Brentwood Wrongful Death Cases
Family members reserve the right to file a wrongful death action after a loved one is killed in an accident or due to an intentional act of violence.
At Labrum Law Firm Personal Injury Lawyers, we have considerable experience fighting for families who’ve lost spouses, children, and parents as a result of:
- Car accidents
- Truck accidents
- Pedestrian accidents
- Bicycle accidents
- Motorcycle accidents
- Uber and Lyft accidents
- Bus accidents
- Dog bites
- Slip and fall accidents
- Assaults
- Negligent security
- Boating accidents
- Defective products
- Medical malpractice
- Birth injury
- Nursing home abuse
- Construction accidents
- Workplace accidents
Benefit from our experienced, trustworthy legal representation and set yourself up for the substantial monetary recovery your family needs. Call our Brentwood law office to schedule your free case assessment now.
Who Can Bring a Wrongful Death Claim in Brentwood?
Not just anyone can file a wrongful death lawsuit in the State of Tennessee. The law specifically provides that a victim’s surviving spouse enjoys this right exclusively. If the victim did not have a surviving spouse, the following parties can bring a claim:
- Surviving child(ren)
- Next of kin (if no spouse or child survived the victim)
- Personal representative
- Surviving parents (if the victim was financially dependent on them at the time of death)
The personal representative is typically named in the victim’s will. If the victim died intestate (without a will), a court may appoint a representative to handle the estate and bring a wrongful death claim. When a wrongful death lawsuit is brought by the personal representative, damages are awarded to the estate for the benefit of the victim’s beneficiaries.
What Types of Damages Can Be Awarded in a Wrongful Death Lawsuit?
The purpose of a wrongful death lawsuit is to compensate the victim’s surviving family member(s) for what they’ve experienced and endured in the wake of a tragic loss. In turn, the damages that can be awarded in a wrongful death case are designed to address the family member’s losses.
In Tennessee, both economic and non-economic damages can be awarded in a wrongful death lawsuit, including:
- Medical bills and expenses
- Funeral and burial expenses
- Lost wages, income, and benefits the victim would have earned if they’d survived
- Loss of emotional care, support, and companionship
- Loss of consortium
If the victim survived their injuries for any period of time, the personal representative of their estate can also file a survival action. Unlike a wrongful death claim, which is designed to recover damages suffered by the family, a survival action seeks damages the victim endured before their death.
Through a survival action, the representative can seek compensation for:
- The victim’s pain and suffering
- Medical bills incurred before death
- Lost wages and income incurred before death
Punitive damages can also be awarded in situations where there’s compelling evidence to show that a defendant’s conduct was malicious, fraudulent, intentional, or reckless.
Count on our Brentwood wrongful death attorney to help your family seek all of the compensation to which they’re entitled under Tennessee state law. We’ll bring in experts to help us navigate the difficult valuation process, which will consider the pecuniary and intangible losses you’ve endured. When it’s time to negotiate, we’ll be ready to leverage a result that truly reflects what your wrongful death case is worth.
Can Shared Fault Affect the Settlement in a Tennessee Wrongful Death Claim?
Yes. Tennessee’s modified comparative negligence law provides that a plaintiff cannot recover compensation from a third party if they are more than 49 percent at fault. In wrongful death cases, the victim’s shared responsibility is taken into consideration. So, if the victim is equally or mostly responsible for the accident that caused their untimely death, the family will be barred from recovering compensation in a lawsuit.
The comparative negligence law also provides that damages are reduced proportionately when a plaintiff (or victim) shares some responsibility for their accident.
Let’s say your spouse was killed in a car accident in Brentwood. They’re assigned 15 percent fault because they were speeding at the time of the wreck. This will directly impact your recovery in a related wrongful death lawsuit. Your settlement or jury award will be reduced by 15 percent.
Your family member isn’t around to defend themselves or tell their side of the story. Expect the defendant to point fingers and cast blame. Our wrongful death attorneys in Brentwood can help you defend their good name and fight back against their good name. We’ll dig deep to find helpful pieces of evidence, work to discredit incriminating testimony, and fight to minimize how much (if any) liability is assigned to your loved one.
Is There a Time Limit for Filing a Wrongful Death Claim in Tennessee?
The statute of limitations for Tennessee wrongful death lawsuits is one year.
This gives you one year from your family member’s death to take legal action.
Once the statute of limitations runs out, you’ll no longer have the opportunity to demand monetary justice. Safeguard your rights and financial future by calling our personal injury law firm in Brentwood right away. We can begin to fight for you as soon as you ask for our help.
Schedule a Free Consultation With a Trusted Brentwood Wrongful Death Lawyer
Losing someone you love is never easy. While money won’t bring them back, it can help to offset the financial stress and anguish you’re experiencing right now. A victory can also provide a sense of justice and closure as you begin to move forward. You can count on our Brentwood wrongful death lawyer to help you navigate this difficult time.
Labrum Law Firm Personal Injury Lawyers is a trusted name in personal injury litigation. We’ve helped our clients recover millions in life-changing settlements and verdicts. Now it’s time for us to help you. Contact our law office in Brentwood today at (615) 455-3384. Your first consultation is free.
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