Tennessee Law, Sec. 20-5-113, states as follows: “Where a person’s death is caused by the wrongful act, fault, or omission of another, and suit is brought for damages . . . the party suing shall, if entitled to damages, have the right to recover the mental and physical suffering, loss of time, and necessary expenses resulting to the deceased from the personal injuries, and also the damages resulting to the parties for whose use and benefit the right of action survives from the death consequent upon the injuries received.”
If you are dealing with the wrongful death of a relative or friend, you are undoubtedly going through the most gut wrenching time of your life. Navigating your way through the negotiation and litigation process with the responsible party can be emotionally, physically and spiritually taxing. William J. Taylor, as the former Managing Trial Attorney for a major American insurance company, has litigated wrongful death cases involving both children and the elderly. He will help you to answer such questions as
- Who will be the Personal Representative bringing the suit?
- What is the measure of loss of earning capacity of the decedent?
- What is the measure of loss of enjoyment of life from injury to death?
- Can loss of a child’s consortium be compensable to his or her parents?
- Should punitive damages be sought?
In order to preserve a claim for damages from wrongful death, a complaint must be filed within the statutory period, even if it appears the case may be negotiated. Please contact the Law Office of William J. Taylor for a free consultation to discuss any and all aspects of your case.