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What Is a Wrongful Death Claim?

Updated: Mar 16, 2023



Losing a loved one due to someone's negligence is an unbearable eventuality. The incident involves a host of misfortunes, including grieving, settling unexpected medical and funeral bills, adjusting to a new life, and seeking justice for the deceased.


In such a time, our attorneys from Richards and Colburn Law will relieve you of some of the burdens you face. The attorney will seek justice for the deceased, and help survivors secure reasonable compensation for damages incurred.


What Is a Wrongful Death Claim?

It is a lawsuit against the negligent individual, group, or company that caused the death of a loved one. A successful claim often leads to compensation for the deceased's suffering, medical bills, funeral expenses, and lost wages.


In addition, the compensation from caters to the survivors' mental anguish, loss of companionship, parental guidance, and financial support.


How Does a Wrongful Death Claim Work?

Wrongful death claims are like ordinary lawsuits in Nashville. A plaintiff files a claim and provides evidence to prove that the death of their loved one occurred due to the accused party's negligence or breach of duty.


The survivors must file the claim within the required time limit, which varies from state to state. In Tennessee, the plaintiffs should file a claim within one year from the date their loved one perished.


Since the process can be pretty complex for inexperienced individuals, it’s important to hire a reputable wrongful death attorney to guide you through. The attorney gathers evidence, files the claim, and negotiates for the fairest compensation.


What Constitutes a Wrongful Death?

Wrongful death is a fatality resulting from someone's negligence, carelessness, recklessness, or wanton endangerment. Some acts that fall into this category include car crashes, medical malpractice, animal attacks, and slip-and-fall accidents. Other acts like flawed products, occupational accidents, and criminal offenses can be included as well.


What Qualifies as a Wrongful Death Lawsuit?

Any fatality resulting from negligent acts typically qualifies as a wrongful death lawsuit. For instance, if a loved one dies in a car crash caused by a drunk or speeding driver, you can sue the driver for the death fo your loved one.


Other classic incidents that qualify include workplace accidents associated with non-compliance, to occupational safety standards or a botched surgery that leads to death.


Who Has the Right to File a Wrongful Death Lawsuit?

Such claims to a wrongful death lawsuit are made by the closest surviving relative of the deceased victim.

The close relatives could be the dead person's parent, spouse, adult children, estate representative, or designated next of kin.


In some circumstances, especially where the deceased lacks a close surviving family member, distant family members like grandparents, uncles, aunts, and siblings are allowed to file the claim.


What Types of Lawyers Handle Wrongful Death Claims?

In Nashville, these types of claims are best handled by a licensed and experienced attorney. Our lawyers have the experience and practice required to find evidence and hold the negligible party liable while calculating the fairest amount to be compensated.


Furthermore, our attorneys know how to help plaintiffs get the fairest settlement from a claim or lawsuit.


While there are several wrongful death lawyers in Nashville, Richards and Colburn Law is the most reputable. This boutique law firm has a dedicated team of attorneys with a combined experience of 20 years.


Our attorneys will help gather the evidence to support your claim and the legal zeal needed to fight for a fair settlement. We deliberately handle fewer cases at a time to give each client the attention required.




You May Be Entitled to Compensation Following a Wrongful Death – Contact Richards & Colburn Law

Do not let the negligent party go scot-free if you lose a loved one due to negligence, criminal activity, animal attacks, or accidents. Instead, file a compensation claim to help get justice for the deceased loved one and surviving family members.


The settlement will cover damages like lost wages, suffering, medical expenses, and funeral costs resulting from the death. Contact Richards and Colburn Law to learn about this legal process.


Image Source: Vitalii Vodolazskyi / Cronislaw/Shutterstock

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