Abingdon, Bristol and Johnson City
Wrongful death occurs when a person’s untimely death is directly due to the action or inaction of another person. True wrongful death can be remedied by legal action if all the elements of a wrongful death case are present. The Law Offices of Michael R. Munsey, P.C., can provide you with some helpful information in your time of need regarding wrongful death cases in Kingsport, Johnson City, and Bristol.
Timely or Untimely?
Wrongful death is untimely. A 16-year-old killed in a car wreck is untimely because no one expects the teen not to reach 17. Something intervened to cause the death. A 90-year-old’s death is, not necessarily untimely, even if it occurs as a result of the same car wreck. However, if the 90-year-old is a victim of elder abuse in a nursing home, and the final act is one of abuse at the hands of another, the family may be able to sue for wrongful death.
Was the death a direct result of the actions or inactions of another? If a guest trips on your driveway and breaks an ankle, and then later dies of a brain injury, the trip and fall is not the direct result of the negligence of the homeowner because the guest died of something else. So there is no wrongful death. If, however, a rival takes out a gun and shoots someone and the person dies of a gunshot wound, that is a wrongful death because the gunshot was the direct cause of death.
Who has grounds to sue in a wrongful death case?
Was the wrongful death victim your spouse? If so, you have lost not only the love of your life, but his/her income, retirement funds, and companionship. In all 50 states, a spouse can bring suit for wrongful death. Parents can sue over the wrongful death of a minor child, and minor children can sue over the wrongful death of their parents. In general, the closer the relationship, the more standing you have to sue. If you are a grandmother who raised a child victim of wrongful death, then the Law Offices of Michael R. Munsey, P.C., can tell you whether or not you have grounds to sue. A personal representative of the decedent’s estate typically brings wrongful death lawsuits. A personal representative is someone appointed by the probate court to administer the decedent’s assets. This personal representative would bring suit under his or her own name alone, but any amount he or she recovers would be held subject to a special trust for disbursement to all the designated beneficiaries.
We want to be there to represent your needs during your difficult time – Filing a wrongful death suite in the Tri-Cities
If the wrongful death is at the hands of another’s failure to exercise their legal responsibility in Kingsport, Johnson City, or Bristol, please contact the Law Offices of Michael R. Munsey, P.C., by calling (276) 451-2056. Any death of a loved one is a difficult time. If that pain is the legal fault of someone else, we want to be right there for you representing you and your family’s best interests.
The Law Offices of Michael R. Munsey, P.C., proudly serves the Kingsport, Johnson City, Bristol, TN and Bristol, VA areas.