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.
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:
To establish a wrongful death claim, you generally need to prove:
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:
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.
Wrongful death claims often arise from:
If you file a wrongful death claim, be prepared for possible defenses, including:
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.
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.
Explore answers to typical auto accident questions. For specific advice on your Tennessee situation, contact Burks & Ogle at 865-522-4964 or online.
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.
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.
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.
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.
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.
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.
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.
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.
First and foremost, you should contact emergency services and seek medical attention. But you also want to:
In juxtaposition to what you should do if in a car collision, here is what you should not do.
We encourage you to take a look at our testimonials to see the experiences of those that have placed their trust in our firm.
Every case begins with a conversation. Tell us what you’re facing, and we’ll help you understand your options and if we’re the right fit to represent you.