Survival Actions in Nashville Wrongful Death Cases
5/28/2019 Wrongful Death John Whitfield
Losing a loved one is one of the most traumatic events that can happen in our lives. When it is the fault of another and should have been prevented, it can be even more painful. In the event another party caused the wrongful death of someone you care about, you should speak with a Nashville personal injury lawyer to learn more about your options quickly.
According to Tennessee’s statute of limitations, the plaintiff has one year after the date of a loved ones’ death to file a wrongful death lawsuit. If any surviving family members wish to hold responsible parties accountable in court, they must file a claim within the year. Should this deadline pass, then the surviving family members will be barred from having their claim heard by the courts, and the opportunity to obtain the compensation they would otherwise be entitled to will be lost.
Wrongful death occurs when a person’s death is the result of someone else’s negligence, including but not limited to claims involving medical malpractice, workplace accidents car accidents, and premises liability. Because this is a complex area of law, Nashville wrongful death lawsuits require an attorney who understands the law and has experience handling a case like yours.
What Are The Components of a Wrongful Death Lawsuit?
Filing a wrongful death claim isn’t as simple as you might think. In order to file the claim, you’ll need to meet the state’s relationship requirements. The parties who can legally file a wrongful death claim in Tennessee include the surviving spouse, surviving children, representative and/or administrator of the deceased’s estate, and surviving parents of the deceased if they relied on him or her for financial support.
The elements of a wrongful death cause of action include:
- The defendant owed your loved one a duty of care.
- The defendant’s action or inaction breached that duty / was negligent and caused someone’s death (does not have to be intentional).
- A surviving party is available and suing for damages.
- The victim’s death resulted in financial loss.
What Is a Survival Action?
Tennessee’s original wrongful death laws limited the compensation surviving family members could receive to what the victim could have earned had he or she lived. This is called a Survival Action. Survival actions in Nashville wrongful death cases are claims, lawsuits, or a legal rights a person has before they die that survive their death. Their rightful heirs or estate can pursue the action on their behalf. Due to changes in the law, the spouse and family members of the deceased can now legally seek other damages they suffered as a result of their loved one’s passing.
Experienced Nashville Wrongful Death and Survival Lawyers
At Whitfield, Bryson & Mason, we focus on representing injured victims and the families of those lost due to the negligence of another across the Nashville metro area. We have handled these cases for decades and can use our experience to help guide you toward making the best legal choices for your family. Contact us for help today.