Losing a loved one is shattering, especially when someone else’s negligence or wrongful actions caused their death. In such cases, you may consider filing a wrongful death suit in Tennessee to seek justice and compensation for your loss. What are your chances of winning a wrongful death suit?
It’s impossible to assess your chances of winning a wrongful death lawsuit without knowing all the details of your case. A conference with a skilled Tennessee wrongful death attorney would be a good place to start because they can advise you about the strength of your case.
Before embarking on this legal journey, you should understand the factors that can affect your chances of winning the case.
Establishing Negligence or Intentional Harm
To win a wrongful death suit in Tennessee, you must prove that the defendant’s intentional actions or negligence directly caused your loved one’s death. This requires gathering strong evidence, such as witness statements, medical records, accident reports, and expert testimonies. The more compelling your evidence, the higher your chances of success.
Demonstrating Your Losses
In addition to proving the defendant’s liability, you must also show the extent of losses suffered due to your loved one’s passing. This includes economic losses, like their medical expenses, funeral costs, and lost income, and non-economic losses, such as the deceased’s pain and suffering and their family members’ loss of care, guidance, love, and companionship.
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Statute of Limitations
Tennessee’s statute of limitations sets a time limit for filing a wrongful death suit. Generally, you have one year from the date of your loved one’s death to file the lawsuit. If you file suit after this time period lapses, the court will likely dismiss your case, regardless of its merits. Therefore, acting promptly and seeking legal guidance as soon as possible is crucial.
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Establishing Standing
Not everyone has the right to file a wrongful death suit in Tennessee. The law prioritizes certain surviving family members, such as the deceased’s surviving spouse, children, or parents. If none of these individuals exist or they choose not to file, the personal representative of the deceased’s estate may bring the lawsuit.
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Comparative Negligence
Tennessee law includes the doctrine of modified comparative negligence, which means that if your loved one was partially at fault for their own death, it could impact your chances of winning the suit. If they had 50% or more of the fault in causing their accident, you may be barred from recovering any compensation. However, if their fault is less than 50%, your recovery will be reduced proportionally by their percentage of fault.
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Strength of Legal Representation
Having a skilled and experienced wrongful death attorney working your case can significantly improve your chances of success. They can help you throughout the legal process, gathering evidence, negotiating with insurance companies, and presenting a compelling case in court. Look for an attorney whose firm has successfully handled wrongful death cases in Tennessee.
Precedent and Case Law
When deciding wrongful death cases, Tennessee courts rely on previous court decisions that create precedent for legal cases. Researching and understanding relevant case law can provide valuable insights into how the court resolved cases like yours in the past, which can be a predictor of how they might rule in your case. Your attorney can analyze the case law in your jurisdiction and assess how legal precedent could impact your case’s likelihood of success.
Insurance Coverage
In many wrongful death cases, the defendant’s insurance coverage significantly determines the potential settlement or judgment amount. You could seek compensation if wrongful acts breached a duty of care that causes economic damages. If the defendant has sufficient liability insurance, your chances of recovering fair compensation may be higher. However, depending on their personal assets, if the defendant is underinsured or uninsured, securing a substantial recovery may be more challenging, even if you win the case.
While assessing your chances of winning a wrongful death suit in Tennessee can be complex, knowing these key factors can enable informed decision-making and allow you to set realistic expectations. Each case’s unique details will determine the outcome of your suit.
Contact Gatti, Keltner, Bienvenu & Montesi, PLC
At Gatti, Keltner, Bienvenu & Montesi, PLC, we understand the immense challenges and grief you face after losing a loved one due to someone else’s negligence or wrongful actions. Our team of experienced Memphis wrongful death attorneys dedicate themselves to providing compassionate support. Our aggressive legal representation aims to help you seek justice and the compensation you deserve.
The firm’s legal team has a proven track record of success in handling wrongful death claims in Tennessee. Our experienced attorneys are committed to fighting for the rights of families who have lost loved ones. We will work tirelessly to hold the responsible parties accountable and secure the best possible outcome for your case. Contact our offices today, either online or by calling (901) 526-2126 to schedule your free consultation.