Filing a Wrongful Death Lawsuit

filing wrongful death lawsuit

filing wrongful death lawsuitAbingdon, Bristol and Johnson City

The death of a loved one is never easy, but if you have lost a family member due to the actions or negligence of another party, your feelings of grief and loss can be compounded by feelings of anger. If this has happened to you, there’s something you can do about it: file a wrongful death lawsuit with an experienced attorney in the Tri-Cities.

The regulations on wrongful death law vary from state to state. In Tennessee, a hybrid statute exists—allowing immediate relatives of a lost loved one to bring their own lawsuits after a family member dies. Here’s more information on filing a wrongful death lawsuit, as provided by the Law Offices of Michael R. Munsey, P.C.

Learn the basics of wrongful death actions in court

Wrongful death refers to cases where a surviving family member files a lawsuit on behalf of a deceased relative, based on the belief that the relative died due to gross negligence. The executor of the estate is the only person that can file these types of lawsuits. Common grounds for wrongful death claims include negligence during an automobile accident, defects in pharmaceutical drugs, defects in a product that was purchased through retail, medical malpractice, exposure to toxic substances due to industrial negligence, and accidents that also may be classified under personal injury law. 

If someone dies due to the negligence of another party, the claim lives on for damages as compensation for that negligence. Either the claim of the deceased party passes to immediate relatives via a survival statute, or immediate relatives can file their own independent claim. Tennessee, as mentioned above, allows both types of claims to be filed in court.

Damages in wrongful death cases are determined according to several factors, including the relationship between the deceased party and the survivors filing the claim, the net income of the deceased individual, the value to replace the services of the deceased, pain and suffering, and the life expectancy of the claimant seeking retribution. Separate compensation can come in the form of punitive damages, which are levied by a judge or jury to punish the defendant—whether it be an individual or a company—for its negligence and actions that led to the death.

You need to find an attorney experienced in wrongful death law to fight for you

Depending on the situation, you may be filing a wrongful death claim against a large corporation in order to get the compensation you deserve. For example, if your loved one died from side effects due to taking a particular medication, you may be facing a court case against a huge pharmaceutical company that manufactured the drug. If your family member died in an auto accident, the fault may stem from a defective part that should have been recalled. In either situation, you will find yourself going up against a professional corporate lawyer with a wealth of experience in these cases, backed by a huge amount of money and resources. This is where wrongful death attorney in the Johnson City area, Michael R. Munsey, can help.

Top-rated wrongful death attorney in Kingsport area

Whether you are going against a massive corporation or a single individual, the Law Offices of Michael R. Munsey, P.C., will fight for you and your rights. The loss of a beloved family member will never go away, but if your loved one died due to recklessness or negligence, you owe it to yourself and the other survivors to seek the compensation you deserve. Call us at (276) 451-2056 to schedule a free consultation where we can evaluate your case.

Representing the injured and disabled for more than 30 years, the Law Offices of Michael R. Munsey, P.C., will fight for our clients in Bristol, Kingsport and Johnson City, Tennessee, as well as Bristol, Virginia.