Abingdon, Bristol and Johnson City
The death of a family member is excruciating under any circumstance. When the death of a family member is the fault of someone else, anger and confusion are added to that pain. What is wrongful death? What can we do if that is the case? What recourse do we have? What are we entitled to legally? What is the process for family members to pursue wrongful death lawsuits?
There are answers to these questions. We do have options. An experienced wrongful death attorney in Johnson City can help guide you through this process. The Law Offices of Michael R. Munsey, P.C., have provided some facts to help you better understand the issue of wrongful death and what the options are for surviving family members.
What is wrongful death?
According to The People’s Law Dictionary, wrongful death is defined as the death of a human being as the result of a wrongful act of another person. Such wrongful acts include negligence (like careless driving), an intentional attack such as assault and/or battery, a death in the course of another crime, vehicular manslaughter, manslaughter or murder.
What are the options for family members after a wrongful death?
Wrongful death is the basis for a lawsuit against the person, or persons, which can be filed on behalf of family members. The reasons for the lawsuit can be the loss of company, financial support, or both. Lawsuits can be filed for parents on the basis of loss of love and companionship but not support. Lawsuits can be filed for spouses for the loss of company and a lifetime of expected support. Children can be entitled to compensation of love and support for the time they are minors.
Is there a statute of limitations for wrongful death lawsuits?
In the state of Tennessee, most wrongful death lawsuits must be filed within one year of the death. However, the court can extend the statute of limitations through a process called “tolling.” This typically occurs in cases that involve minors, adults who do not have the capacity to file a lawsuit, or if a disaster occurs. The court might also decide to toll the statute of limitations if the defendant acted fraudulently to conceal evidence or information related to the wrongful death.
What is the process for family members that want to pursue wrongful death lawsuits?
There are criteria when filing a wrongful death lawsuit. You have to be an immediate family of the deceased person. Immediate family members are parents or spouses. You must have proof of your loved one’s death. Proof is a coroner’s death certificate. You have to prove that you have suffered. Suffering can be emotional and financial trauma.
It is hard to put a number on what the loss of your loved one is worth. The answer to this question will take time and thoughtfulness. There are many other things to consider. There may be tremendous medical and funeral expenses. There may be counseling and mental health concerns.
Wrongful Death Attorney in the Tri-Cities
If you or someone for whom you love has experienced the traumatic loss of a loved one due to the fault of another party, contact your Tri-Cities wrongful death attorney by calling (276) 451-2056 to schedule a free consultation.
The Law Offices of Michael R. Munsey, P.C., are proud to serve clients in Bristol, Kingsport and Johnson City, TN, as well as Bristol, VA.