Clinton Wrongful Death Lawyers, Tennessee

After the loss of a loved one due to negligence, talk to our Clinton wrongful death attorneys serving Anderson County

Losing a loved one is one of the most painful experiences one can endure, especially when it happens due to someone else’s negligence or misconduct. In such difficult times, seeking justice for your loved one and holding those responsible accountable can feel overwhelming. At Banks & Jones, our compassionate Clinton wrongful death lawyers understand the profound grief and loss you’re experiencing, and we’re here to provide you with the legal guidance and support you need. While we understand that no amount of compensation can replace your loved one, taking legal action can help alleviate financial burdens and provide a sense of closure. Let us stand by your side, advocate for your rights, and help you seek justice for your loved one’s untimely passing.

How can we help?

What is wrongful death?

Wrongful death is a legal term used to describe a situation in which a person’s death is caused by the negligent, reckless, or intentional actions of another party. These actions could include negligence in driving a vehicle, medical malpractice, dangerous products, unsafe working conditions, or criminal behavior, among others. Wrongful death lawsuits are civil actions filed by the surviving family members or beneficiaries of the deceased individual seeking compensation for the losses they have suffered as a result of the death. This compensation may cover medical expenses, funeral and burial costs, lost income, loss of companionship, and pain and suffering.

$7 Million Judgment In Wrongful Death Lawsuit

Tina Gregg v. Sean Smoot. Banks and Jones obtained $5 million in compensatory damages and $2 million in punitive damages on behalf of our client in Knox County Circuit Court.

Verdicts

Who can bring a wrongful death claim in Tennessee?

In Tennessee, only certain family members can bring a wrongful death claim. The order of priority is as follows:

  • Personal representative of the estate: The personal representative, also known as the executor or administrator, of the deceased person’s estate has the primary authority to bring a wrongful death action. This person is typically named in the deceased person’s will or appointed by the court if there is no will.
  • Surviving spouse: In Tennessee, the surviving spouse has the right to bring a wrongful death lawsuit, either individually or in conjunction with the personal representative of the estate.
  • Children: If there is no surviving spouse, the deceased person’s children may have the right to bring a wrongful death claim. If the deceased person had multiple children, they would typically share the right to file the lawsuit.
  • Next of kin: If there is no surviving spouse or children, other next of kin, such as parents or siblings, may have the right to file a wrongful death claim.

Remember, there are strict deadlines, known as statutes of limitations, for filing wrongful death claims in Tennessee, typically within one year from the date of the deceased person’s death.

What types of accidents lead to wrongful death?

Wrongful death can result from a variety of accidents and incidents caused by the negligent, reckless, or intentional actions of another party. Some common types of accidents that may lead to wrongful death claims include:

  • Motor vehicle accidents: Collisions involving cars, trucks, motorcycles, bicycles, pedestrians, or other vehicles can result in fatalities due to factors such as speeding, distracted driving, drunk driving, or failure to obey traffic laws.
  • Medical malpractice: Errors or negligence by healthcare professionals, including doctors, nurses, surgeons, anesthesiologists, or hospital staff, can lead to wrongful death claims if they result in fatal injuries or complications during medical treatment, surgery, childbirth, or diagnosis.
  • Workplace accidents: Fatal accidents can occur in various workplace environments, including construction sites, factories, warehouses, and industrial facilities, due to factors such as unsafe working conditions, equipment malfunctions, falls, electrocutions, or exposure to hazardous substances.
  • Defective products: Design defects, manufacturing defects, or inadequate warnings or instructions for using products can lead to fatal injuries, such as those caused by defective vehicles, machinery, appliances, consumer products, or pharmaceutical drugs.
  • Premises liability: Property owners or managers may be liable for wrongful death if their negligence leads to fatal accidents or incidents on their premises, including slip and fall accidents, inadequate security leading to assaults or homicides, or swimming pool drownings.
  • Dangerous conditions: Fatal accidents can occur due to dangerous conditions in public spaces, parks, recreational areas, or private properties, such as falls from heights, collapsing structures, or accidents involving defective or poorly maintained equipment.
  • Criminal acts: Wrongful death claims may arise from criminal acts such as assaults, homicides, acts of violence, or intentional harm inflicted by another person.
  • Nursing home abuse or neglect: Negligence or abuse in nursing homes, assisted living facilities, or long-term care facilities can result in fatal injuries or medical complications for elderly residents.

No matter what type of incident led to your loved one’s wrongful death, the Clinton, TN attorneys at Banks & Jones are here to help.

Who is liable for my Clinton wrongful death claim?

Determining liability in a wrongful death claim involves identifying the party or parties whose negligent, reckless, or intentional actions contributed to the fatal incident. Liability in a wrongful death claim may vary depending on the circumstances of the case, but potential liable parties may include:

  • Individuals: Individuals whose negligent or intentional actions directly caused the death may be held liable. This could include drivers in car accidents, healthcare professionals in cases of medical malpractice, or individuals involved in criminal acts leading to your loved one’s death.
  • Corporations or businesses: Companies or entities may be held liable if their employees’ actions or their products contributed to the fatal incident. This could include employers in cases of workplace accidents, manufacturers of defective products, or property owners responsible for maintaining safe premises.
  • Government entities: In some cases, government agencies or entities may be held liable for wrongful death if their negligence, such as failure to maintain roads or provide adequate safety measures, contributed to the fatal incident.
  • Healthcare institutions: Hospitals, clinics, nursing homes, or other healthcare institutions may be held liable for wrongful death resulting from medical malpractice, inadequate care, or negligence on the part of their staff.
  • Other responsible parties: Depending on the specific circumstances of the case, other parties may also be held liable for wrongful death, such as contractors, subcontractors, property managers, or individuals responsible for maintaining safe premises.

Determining liability in a wrongful death claim requires a thorough investigation of the facts and circumstances surrounding the incident, including gathering evidence, interviewing witnesses, and analyzing relevant laws and regulations. A Clinton wrongful death attorney can advocate for your interests, negotiate with insurance companies or opposing parties, and, if necessary, represent you in court to ensure you receive the compensation and justice you deserve for your loved one’s wrongful death.

What is the value of my Clinton wrongful death claim?

The value of a wrongful death claim can vary significantly depending on various factors, including the circumstances of the incident and the extent of damages suffered. While it’s challenging to determine an exact value without a thorough assessment of your case, some key factors that may influence the value of a wrongful death claim include:

  • Economic damages: Economic damages refer to quantifiable financial losses incurred as a result of the wrongful death. This may include medical expenses related to the injury or illness, funeral and burial expenses, lost income or financial support that the deceased would have provided to their family members, and other tangible financial losses.
  • Non-economic damages: Non-economic damages are more subjective and relate to the emotional and psychological impact of the wrongful death on surviving family members. This may include compensation for pain and suffering, loss of companionship, loss of consortium, emotional distress, and mental anguish experienced by the surviving family members.
  • Punitive damages: In cases where the wrongful death resulted from particularly egregious conduct, such as intentional harm or gross negligence, punitive damages may be awarded. Punitive damages are intended to punish the defendant and deter similar conduct in the future, rather than compensate the plaintiff for losses.
  • Liability issues: The extent to which the defendant(s) are found liable for the wrongful death can also impact the value of your claim. If multiple parties are liable, the total damages may be divided among them based on their degree of fault.

To determine the value of a wrongful death claim, it’s essential to consult with an experienced wrongful death attorney who can evaluate the specific circumstances of the case and assess the damages suffered by the surviving family members. At Banks & Jones, we can help ensure that all applicable damages are considered and pursued in the legal process, seeking fair compensation for your losses and suffering endured due to the wrongful death of a loved one.

Do you have a Clinton wrongful death lawyer near me?

Banks & Jones is located at 2125 Middlebrook Pike, Knoxville, Tennessee 37921. We are right off Route 40 and offer on-site parking. If you are too ill or too injured to come to us, we can meet via video or call to talk about your case.

Dedicated Clinton wrongful death lawyers working for your family

If you’ve lost a loved one due to the negligence, recklessness, or intentional actions of another party, you deserve justice and fair compensation for your loss. At Banks & Jones, our compassionate team of Clinton attorneys is here to support you through this difficult time and fight for your rights. With our extensive experience and dedication to seeking justice, we will tirelessly pursue maximum compensation on your behalf while providing you with the compassionate guidance and support you need. Don’t navigate this challenging journey alone—let us stand by your side, advocate for your rights, and help you hold those responsible accountable for their actions. Call our offices or fill out our contact form today to speak with a skilled attorney. We serve Anderson County, TN.