Losing a loved one is extremely difficult to accept under any circumstances. If you believe the loss of your loved one could have been prevented, accepting the loss is that much harder. For example, if your husband was killed in a motorcycle accident and you believe the accident was caused by another motorist, you may be having a difficult time accepting the death. Clearly, no amount of money is worth losing your husband; however, as the surviving spouse you may be entitled to compensation from the at-fault driver for the loss of your husband.
In the State of Tennessee, a wrongful death lawsuit may be filed by certain people when a death was caused by the wrongful or negligent conduct of another party. As the spouse of a deceased you would qualify to file a wrongful death lawsuit if you believe that your husband’s accident was caused by another party or that another party contributed to the accident. If you are successful, you may be entitled to damages for things such as:
- Medical bills and expenses
- Funeral bills
- Conscious pain and suffering from the date of the injury until the date of death
- Loss of enjoyment of life between the date of injury and death
- Loss of earning capacity between the date of injury and death
- Loss of consortium
- The pecuniary value of life
The idea behind the right to pursue a wrongful death lawsuit is that, in most cases, the family of a decedent faces a financial hardship as a result of the death of their loved one. If someone else was responsible, in whole or in part, for the death it only seems just for that party to be liable for the financial suffering of the family that is left behind. No amount of money can bring back your spouse; however, by pursing a wrongful death lawsuit you may ease the financial burden your family is now facing as well as ensure that the at-fault party is held legally responsible for your loss.
Although the law does provide a mechanism by which the survivors of a wrongful death may seek compensation for their loss, the law also limits the time within which they have to do so. In most cases, you only have one year within which to file a wrongful death lawsuit. If you are a survivor of what you believe to be a wrongful death in the State of Tennessee it is in your best interest to consult with the experienced Tennessee criminal defense attorneys at Bennett, Michael & Hornsby. Contact the team today by calling 615-898-1560 to schedule your appointment.