Losing a loved one unexpectedly can be a devastating event in your life. If your loved one’s passing was avoidable, then you may be entitled to compensation from the responsible parties. Regardless of the specific circumstances of your loved one’s death, a Smyrna wrongful death lawyer may assess your case and help you pursue any awards that you should be entitled to.
The team at The Cochran Firm - Nashville may be able to work to obtain an outcome that reflects your immense loss. Our goal is to obtain justice for you and your loved one. Call The Cochran Firm - Nashville today at (615) 651-7451 for a free consultation regarding how we may be able to serve you.
A Wrongful Death Can Affect Many
Injuries can have a lasting effect, but no outcome is more lasting than losing a loved one. While the losses associated with an injury could be temporary (or get better with time), the permanence of death means that losses caused by a wrongful death can also be permanent.
Some of the losses that may result from a wrongful death include:
- Your loved one’s income, which may have been the primary or sole form of financial support for your loved one’s immediate family
- The comfort that your loved one provided their friends and family
- The guidance that your loved one provided to their children and others who depended on them
- The companionship that your loved one provided to their spouse
These losses may be among the damages for which you seek compensation through a lawsuit. The incident that led to your loved one’s passing could also have led to other financial losses that you or others have been burdened with. Those costs may include:
- The cost of emergency transportation
- The cost of medical care for your loved one
- The cost of your loved one’s funeral
The Journal of Empirical Legal Studies notes that pain and suffering may also be a type of award common to wrongful death lawsuits in the United States. The case for how much pain and suffering-related awards you should be entitled to may be somewhat subjective. Your lawyer may argue for such awards on your loved one’s behalf.
How Your Lawyer May Be Able to Serve Your Wrongful Death Lawsuit
Aside from identifying and calculating the losses that have come from your loved one’s wrongful death, your lawyer may handle several tasks in the service of your lawsuit. Some of the responsibilities that your lawyer may handle include:
- Identifying those who are responsible for your loved one’s passing
- Determining the specific actions or failures to protect your loved one that make at-fault parties responsible for your loved one’s death
- Documenting the injuries that caused your loved one’s passing
- Consulting experts to testify on behalf of your lawsuit
- Filing your lawsuit
- Filing all other legal paperwork required to advance and complete your lawsuit
- Making in-person appearances on your behalf
- Negotiating a settlement
The New York Times notes that a settlement could be the ideal outcome for plaintiffs bringing a personal injury or wrongful death lawsuit. This could be the case for you. If your lawyer is not able to negotiate a settlement that you are happy with, however, they may be prepared to complete a trial on your behalf.
You can find out more about the services that a lawyer may be able to provide by calling a Smyrna wrongful death lawyer. Call The Cochran Firm - Nashville today at (615) 651-7451 for a free consultation.
Scenarios that Could Lead to a Wrongful Death Lawsuit
A wrongful death lawsuit may be justified in any scenario where your loved one’s passing was the result of an intentional or unintentional act, or where strict liability exists. Some general scenarios that could spark a wrongful death lawsuit include:
- A product does not function as it should, or malfunctions in a way that caused your loved one’s death
- An unsafe property leads to a fatal accident
- A motor vehicle collision causes a death
- A workplace injury causes your loved one’s death
- A fatal medical error or lack of oversight
- A fatal nursing home accident
- Exposure to toxic chemicals resulting in a fatal condition
The circumstances that led to your loved one’s passing may not even fall within the above circumstances. Your lawyer may gather the facts of your loved one’s passing and present the case that you or other loved ones should be entitled to compensation for their loss.
The American Bar Association (ABA) notes that negligence may be the basis for a personal injury lawsuit, and could be grounds for a wrongful death lawsuit as well. In order to show that your loved one was the victim of negligence, your lawyer may:
- Establish that the defendants named in your lawsuit owed your loved one a duty of care
- Show that defendants responsible for your loved one’s passing breached their duty of care
- Prove a link between the defendants’ breach of duty of care and your loved one’s passing
By completing these steps, your lawyer may establish that your loved one’s death was negligent. As a result, you and other loved ones may be able to collect compensation for losses stemming from your loved one’s passing.
Call The Cochran Firm - Nashville Today
According to Tennessee Code §28-3-104, you may generally have one year from the date of your loved one’s passing to bring a wrongful death lawsuit. You can call the team at The Cochran Firm – Nashville for a Smyrna wrongful death lawyer to get your case started.
We want to ensure that your lawsuit is filed before the relevant statutes of limitations expire. You should speak to a lawyer regardless of the time that has passed since your accident, as statutes of limitations may have exceptions.
Call The Cochran Firm - Nashville today at (615) 651-7451 to find out more about how a lawyer could help you after a loved one’s wrongful death.