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The death of a loved one is always a devastating situation. But for some, that grief is compounded by the nagging feeling that their loved one’s death didn’t have to happen.
Maybe they died suddenly in an accident that could have been prevented. Maybe you’re not sure what happened but feel you don’t have the full story.
These are the kinds of questions that bring people to see a Tennessee wrongful death lawyer, and frequently, clients want to know their options. Can they seek compensation from the party they believe is responsible?
They may also be struggling with financial strain, especially if their deceased loved one was the main financial provider in the family. Grief is difficult enough on its own without having to face bill collectors or worrying about how you’ll pay your rent.
In many cases, there are options for making a claim against a party whose negligence led to death. To determine if your situation qualifies, you should speak with a Tennessee wrongful death attorney right away, as there are time limits for filing such a claim.
Ali Awad, the founder and managing attorney at the CEO Lawyer Personal Injury Law Firm, understands the challenges of pursuing a wrongful death claim and the best strategies for these cases. Also called “the CEO Lawyer,” Mr. Awad built a client-focused firm based on the goal of helping those with limited access to legal resources.
The firm was later voted the fastest-growing law firm in the United States, coming out ahead of 499 others in 2021. The CEO Lawyer also finds time to dispense practical legal advice to more than a million followers on social media.
If you believe a loved one died due to the actions of a negligent party, you may be wondering where to turn or if anything can be done. You deserve to fully understand all your options in this situation so that you can make an informed decision.
Please call Ali Awad for a free, no-obligation consultation of your claim. The CEO Lawyer and his team work using a contingency basis – so they don’t get paid until they win your case. There is no risk in calling (423) 777-8888 to learn your options so that you can make an informed decision about how to proceed.
Until then, we’ve put together some frequently asked questions about wrongful death claims in Tennessee:
Under Tennessee state law, a wrongful death claim may be filed by:
Any money recovered will be distributed based on Tennessee laws about intestate succession (inheritance laws for situations where the deceased did not have a will). A surviving spouse and children will receive the money first, with other relatives receiving compensation if the decedent had no spouse or children.
If there is a surviving spouse and no children, the spouse will receive all the recovery. If both a spouse and one or more children exist, the money will be divided among them, with the spouse receiving at least one-third of the recovery.
In Tennessee, you have one year from the date of the deceased person’s death. In some cases, the court may make an exception if the cause of the person’s death was not discovered right away, but you shouldn’t count on that as an option.
If you have any cause for concern about the circumstances of a relative’s death, it’s best to speak with a legal expert right away. Don’t wait until the year is almost up.
Your attorney may need time to do research or look for additional evidence. The sooner you learn your options, the more time you will have to decide.
In your claim, you may request compensation for the following:
As with other personal injury cases, it’s necessary to prove several things in a wrongful death claim:
While negligence is the most common reason for wrongful death claims, there are two other possible grounds: medical malpractice and intentional acts. However, it is sometimes easier to prove someone was negligent than it is to prove they intentionally did something that led to a person’s death.
In these situations, we may recommend pursuing a claim for negligence instead.
This is a common sentiment. Sometimes, clients feel that the negligent party was more than negligent – that their actions were deliberate and criminal.
Usually, they’ve already discussed these thoughts with the authorities and sometimes the district attorney. Unfortunately, it’s not always possible to bring criminal charges against a person or entity whose actions resulted in a death.
This can happen for multiple reasons, but in most cases, it’s because there simply wasn’t enough evidence to charge someone with a crime. By the time a client comes to see us about a civil suit for wrongful death, they may be understandably frustrated by the situation.
In fact, one reason people consider wrongful death claims is because they want the negligent party to face some sort of consequence, even if it’s only a financial one. The good news is that you can still pursue a wrongful death claim even if there wasn’t enough evidence for a criminal proceeding or if the defendant was charged but found not guilty in criminal court.
The burden of proof in a civil court is much lower than that of a criminal court, where a defendant must be found guilty “beyond a reasonable doubt.” In a wrongful death claim, the jury only needs to believe the defendant is “more likely guilty than not” based on a “preponderance of evidence.”
It varies depending on the case and the nature of the victim’s death. For car accidents, we often look at accident reports, footage from traffic cameras or other sources (such as doorbell cameras or bystander video), witness interviews, etc.
In workplace deaths, we may also seek internal memos, emails, or other documents relating to the unsafe conditions, videos or photos taken by the decedent or other employees, any electronic records that may relate to the situation, witness interviews, records of previous accidents, and anything that may speak to the dangerous situation.
If you’re not sure if something is evidence or helpful to your case, ask your attorney about it.
Ali Awad, The CEO Lawyer, is an experienced wrongful death attorney who will fight for your rights in this difficult situation. With more than twenty years of experience, The CEO Lawyer Personal Injury Law Firm’s attorneys have a lengthy and successful track record of over 99%.
Tell Us More About Your Injury Below So That We Can Get You The Most Money
After a personal injury, you're bound to have legal questions. The CEO Lawyer Ali Awad can provide you with answers to these questions, just as he's given answers to his millions of curious social media followers. Take a look at some of the most common personal injury law questions for general information, and then reach out to one of our seasoned attorneys for specific guidance on your case!
To quickly resolve matters following an accident, insurance companies will offer you less than you deserve in compensation for your injuries. Many victims feel pressured to accept these offers as the bills begin to pile up, but that is rarely a good idea. The insurance company is looking to protect its bottom line; and will offer injured victims less than they deserve. An experienced personal injury attorney understands how to negotiate with the insurance company and can look out for your best interests by getting you the compensation you deserve after an injury. If you or a loved one has been injured in an accident, it is important to avoid negotiating or providing recorded statements to the insurance company without first seeking help from a qualified personal injury attorney.
The best way to determine if you have a personal injury case is to speak with a knowledgeable attorney. Our legal professionals have the expertise to evaluate your case and determine a strong legal strategy so that you can obtain the greatest amount of compensation possible under the law. We will enlist investigators, assistants, and other specialists to collect accident reports, speak with witnesses to your accident, and put together a plan. While you focus on your physical recovery, we will remain committed to fighting for the compensation that you deserve.
Accident victims have a limited time to file a personal injury lawsuit. This time period is referred to as the statute of limitations, and in Chattanooga, it lasts only one year. This means that if you or a loved one has been injured in an accident, you have only one year to pursue a personal injury suit. If you wait too long to reach out to an experienced attorney, you might be forever barred from seeking the compensation you deserve.
During your initial consultation with CEO Lawyer team, we will go over the important details of your personal injury accident, which include the nature and extent of your injuries, how your injuries have impacted your ability to earn a paycheck, the cost of your medical treatment, and whether further medical treatment will be required. We will answer any questions you might have, as well, in regards to our experience, our track record of success, and what to expect from the legal process. Many personal injury victims wonder if they will be able to afford the legal fees required to pursue a lawsuit. CEO Lawyer injury and accident attorneys will not ask for any type of upfront fee unless we are successful in obtaining compensation for you. That means that if you have been harmed in a motor vehicle accident, slip and fall accident, defective product accident, or any other type of personal injury accident, you can absolutely afford to contact our law office today for assistance. In fact, you cannot afford to wait. Reach out today. We understand that some accident victims might have already obtained the assistance of an attorney but may be dissatisfied with the services provided. We are standing by and prepared to help you change legal representation, regardless of where you are in the process.
If you or a loved one has been injured in any type of personal injury accident, you should not hesitate to speak with the experienced attorneys at CEO Lawyer personal injury law firm. Call, email, or fill out our online contact form today so that we can begin helping you pursue the compensation you deserve.