Barrett Law Office, PLLC’s attorneys maintain a personal injury practice on behalf of plaintiffs. As one element of this practice, the firm’s attorneys are able to represent certain family members of those who have died as the consequence of the wrongdoing of another. When a lawsuit is filed on behalf of such individuals in connection with the death of a family member, it is referred to as a “wrongful death” action. In Tennessee, the matters of who may bring such a suit and which categories of individuals may be entitled to damages are governed by statute, although case law may provide guidance on interpreting the relevant statutory authority.
Over the years we have pursued wrongful death cases in a wide variety of contexts, including trucking collisions, car crashes, industrial explosions, exposure to harmful chemicals, nursing home neglect, defective products and many others. Essentially, a legal recovery for wrongful death is available whenever someone’s negligence legally causes the death of another.
These cases reflect the most difficult circumstances for family members because the main consequence of the wrongful death is serious and permanent, namely the loss of a loved one, leaving not only emotional scars but often deprivation of financial support and services rendered by the loved one to the family. Wrongful death suits are similar to other personal injury suits in that establishing the liability of the defendant generally does not vary across these two types of suits. For example, the considerations addressed as to whether a defendant drove a vehicle negligently, with the result that the victim was injured, typically do not turn on whether the victim survived or died. However, the method of determining and allocating damages differs between these two categories of actions.
Barrett Law Office, PLLC lawyers have litigation experience in Tennessee and elsewhere in the U.S. and are proud of a tradition of vigorously representing their clients.