Personal Injury

Knoxville Wrongful Death Lawyer

Wrongful Death

We help families pursue justice and compensation after the tragic loss of a loved one.

We represent families in wrongful death claims and help them seek compensation and closure.

Lost a Loved One Due to Someone Else's Negligence? Here's What You Need to Know About Wrongful Death Claims in Tennessee

Losing someone you love is devastating, especially when their death could have been prevented. You may be left with emotional pain, financial hardship, and unanswered questions. While nothing can bring them back, a wrongful death claim can help hold the responsible party accountable and provide the support you need to move forward.

At Burks & Ogle, we guide families through the wrongful death process with care and strength. We fight for justice on behalf of your loved one, so you can focus on healing.

Call (865) 522-4964 or contact us online now to schedule your Free Consultation.

What Constitutes a Wrongful Death Lawsuit in Tennessee?

A wrongful death occurs when someone dies because of another person's negligence or misconduct. This can be an individual, a company, or even a government agency.

In a wrongful death claim, you may seek compensation for:

  • Lost income
  • Medical expenses prior to death
  • Funeral and burial expenses
  • Pain and suffering
  • Loss of companionship
  • Lost prospect of inheritance

To establish a wrongful death claim, you generally need to prove:

  1. The defendant owed a duty of care to your loved one.
  2. That duty was breached through negligence or intentional harm.
  3. The breach caused your loved one's death.
  4. You suffered losses as a result.

Who Can File a Wrongful Death Claim in Tennessee?

Wrongful death lawsuits are typically filed by a representative of the deceased person’s estate, often the executor, on behalf of surviving family members who suffered financially. These survivors are known as "real parties in interest."

Eligible parties usually include:

  • Spouses
  • Children
  • Parents of young children

In some cases, life partners who were financially dependent on the deceased may be eligible. Other relatives, like grandparents or siblings, may only file in certain circumstances.

Common Causes of Wrongful Death in Knoxville

Wrongful death claims often arise from:

  • Car accidents, especially involving drunk drivers
  • Commercial truck, motorcycle, boat, pedestrian, or bicycle accidents
  • Medical malpractice, including misdiagnosis, surgical errors, and prescription mistakes
  • Defective products, such as faulty medications
  • Airplane accidents
  • Workplace or construction site accidents
  • Premises liability incidents, like slip and falls

Common Defenses to Wrongful Death Claims in Tennessee

If you file a wrongful death claim, be prepared for possible defenses, including:

  • Statute of Limitations: The claim was filed too late.
  • Comparative or Contributory Negligence: The deceased contributed to the accident.
  • Assumption of Risk: The deceased knowingly took on the risk.
  • Self-Defense: The defendant used reasonable force to protect themselves.

Even if these defenses are raised, they must be proven. You still have the right to argue against them, and we are here to help you do that.

Contact a Wrongful Death Attorney in Knoxville Today

If you lost a loved one and believe their death was caused by someone else’s negligence, do not wait. The time to file a wrongful death claim is limited.

At Burks & Ogle, we will listen, support, and fight for the justice your family deserves.

Call (865) 522-4964 or contact us online today to schedule your Free Consultation.

Frequently Asked Questions

Explore answers to typical auto accident questions. For specific advice on your Tennessee situation, contact Burks & Ogle at 865-522-4964 or online.

What Types of Auto Accidents Are There in Tennessee?

The types of auto accidents are the same pretty much anywhere, and they include single car accidents or collisions between other vehicles, people, property, or animals.

  • Single auto accident
  • Multi-car accident
  • Truck accidents
  • Motorcycle accidents
  • Pedestrian accidents
  • Bicycle accidents
  • Hit and run accidents
  • Rideshare accidents
  • Public transit accidents
  • Wildlife-vehicle collisions
  • Car accidents involving pets
  • Car accidents involving children

How Do I Get Compensation for an Auto Accident in Tennessee?

One of the main things that accident victims have to worry about is being fairly compensated for their injuries. There are two main ways that this will generally happen, and each has its own pros and cons.

Settlement

In an auto accident, resolving a case in a settlement means accepting the amount of money that an insurance company offers. One of the main benefits of handling a case this way is that it will typically end a case much quicker than going through the court system. In addition, a client and their attorney have a good deal of power during this process–they can negotiate until they get the amount they want and reject any settlement that isn't acceptable.

Going to Court

If a victim doesn't receive a fair settlement offer, they may need to file a lawsuit to get their compensation. Lawsuits may result in a higher payout, but they typically take much longer, and there is no guarantee that a court will side with you.

After a Car Collision in Tennessee, Who Do I Sue?

There are many parties who might be liable for your injuries, and ultimately it will depend on the facts of your specific case. An experienced lawyer will be able to help determine who the best person or people are to seek compensation from.

If the other driver was driving under the influence or failing to obey the rules of the road, they could potentially be held liable. Additionally, a car manufacturer could be held liable if their car malfunctioned, and in some cases, a government entity could even be held liable if the conditions on the road are what causes a crash.

After a Car Collision in Tennessee, Who Do I Sue?

There are many parties who might be liable for your injuries, and ultimately it will depend on the facts of your specific case. An experienced lawyer will be able to help determine who the best person or people are to seek compensation from.

If the other driver was driving under the influence or failing to obey the rules of the road, they could potentially be held liable. Additionally, a car manufacturer could be held liable if their car malfunctioned, and in some cases, a government entity could even be held liable if the conditions on the road are what causes a crash.

Should I Release Medical Records to Another Driver's Insurance Adjuster?

Generally, it is important to remember that the other insurance adjuster involved in the case wants to pay you as little as possible. While they may ultimately need to see your records, they only need to see specific records pertaining to your accident. If records are not necessary, but the insurance company receives them, they could use any health information against you. An attorney can help edit this request to ensure that only records needed are released.

Further, it is always important to have an attorney with you when you speak to your own insurance company. You want to give only the facts. Your own insurer has its own company as its priority, too, and so it also wants to prevent a payout. This is especially true when you need to file a first-party claim with your own insurance.

If I Don't Feel Hurt after an Auto Accident, Do I Have to See a Doctor?

Certain injuries might not present symptoms immediately after an accident, and getting to a medical professional can catch those injuries. In addition, an opposing attorney or insurance adjuster might try to argue that a delay in seeking medical treatment means that a victim's injuries were not actually from the accident. Going to the doctor after an accident can cut against these kinds of arguments.

What Should I Do after an Auto Accident in Tennessee?

First and foremost, you should contact emergency services and seek medical attention. But you also want to:

  1. Exchange information with the other parties to the accident, which includes names, insurance, driver's license, phone numbers.
  2. Gather evidence, like pictures and video of the scene, the surrounding location, the vehicles, property damage, injuries (if any).
  3. Get the names and contact information of any eyewitnesses as well as a brief recorded statement, if you are able to do so because their recollection will be best on the scene and preservation of it will be best if recorded either in writing or by video.
  4. Consult with an attorney so that you can obtain a good understanding of whether you have a compensable case and how to go about pursuing what you are legally owed.

What Should I Not Do After an Auto Accident in Tennessee?

In juxtaposition to what you should do if in a car collision, here is what you should not do.

  1. You should never leave the scene of an accident. If you leave a scene, especially when someone is injured, it is a hit and run, a criminal offense. You must stay with your vehicle and contact emergency personnel if someone is injured.
  2. You should not leave your vehicle where it can pose a risk to others. If you can, move the vehicle to a safe location. If you cannot move it on your own, contact someone who can.
  3. You should not ignore calling 911. Even when no one is injured, you should still contact 911. The police will investigate and write a report that can later be used to help identify liability.
  4. Do not forget to exchange information. Try not to let fear or anxiety get the best of you. You really need to obtain contact and insurance information from the other party involved in the collision. Insurance will be critical to recovery of compensation.
  5. Do not underestimate your injuries. Some injuries are delayed (like whiplash) while other injuries may not seem serious (like bruising as there may be internal bleeding). You should get checked out by a doctor.
  6. Do not admit fault. Even if you think or know you are at fault, do not admit it. The other party may have contributed in some way, too. In comparative negligence states, you can still recover in most situations if both parties contributed to the accident.
  7. Do not contact or give a statement or documents to the other party's insurance company. You must speak to your own insurance company, but you are not obligated to do the same with any other insurance company. To do so could jeopardize your case. Either your attorney or your own insurance company can communicate with the other party's auto insurer.

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