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Maryville Wrongful Death Lawyers
Compassionate representation when accidents take the life of a family member
It’s heart-wrenching to learn that a loved one has died in a preventable accident. Sadly, many drivers, passengers, and pedestrians die on Tennessee’s roads every year. Many people also die due to defective products, premises liability accidents and assaults, and other causes. At Delius, McKenzie & McCarter, we hold drivers, manufacturers, property owners, and others accountable when their negligence takes the life of a loved one.
Our Maryville wrongful death lawyers fight to obtain the compensation families deserve for the funeral and burial costs, loss of income, and the loss of love and companionship their loved one would have provided. We respect your need to mourn while working to help your family obtain the compensation it deserves on behalf of your loved one.
How can we help?
- What types of accidents cause the deaths of loved ones?
- Who can file a wrongful death claim in Maryville?
- Who are the beneficiaries of wrongful death actions in Tennessee?
- What is the value of a wrongful death claim in Tennessee?
- What are the unique challenges of filing wrongful death claims in Maryville?
- What is the time limit for filing a wrongful death claim in Maryville?
- Do you have a Maryville wrongful death lawyer near me?
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What types of accidents cause the deaths of loved ones?
At Delius, McKenzie & McCarter, we handle the following types of accidents, among others, that can cause the death of a loved one:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Construction accidents
- Accidents due to defective vehicle parts, equipment, drugs, electronics, household products, child products, and other products
- Nursing home abuse and neglect
Who can file a wrongful death claim in Maryville?
Tennessee law sets a priority for who may bring a wrongful death action, typically the surviving spouse first, then the children or other next of kin; in some cases the personal representative may bring the claim for the benefit of the proper beneficiaries (Tennessee Code Annotated § 20-5-106).
Who can file a wrongful death claim in Maryville?
Tennessee law sets a priority for who may bring a wrongful death action, typically the surviving spouse first, then the children or other next of kin; in some cases the personal representative may bring the claim for the benefit of the proper beneficiaries (Tennessee Code Annotated § 20-5-106).
What is the value of a wrongful death claim in Tennessee?
Our Maryville wrongful death lawyers work with family members, experts in evaluating wrongful death damages, employers of the deceased, and others to place a value on a wrongful death claim. Wrongful death damages generally include the following:
- The medical bills of the decedent between the date of the injury and the date of death
- The funeral and burial costs
- The financial value of the decedent’s life, including lost earning capacity and benefits, as determined under Tennessee law
- The loss of companionship and consortium. This compensation compensates family members for the personal support your loved one would have provided, such as guidance, love, and affection.
- The pain and suffering of the decedent before they died, due to the wrongful death accident.
- Punitive or exemplary damages in limited cases involving intentional, malicious, or reckless conduct, as permitted under Tennessee law.
The family can still receive damages if their loved one was partially at fault for the accident, if the decedent was less than 50 percent at fault. The amount of damages is reduced by the decedent’s percentage of fault.
What are the unique challenges of filing wrongful death claims in Maryville?
At Delius, McKenzie & McCarter, we understand the difficult issues that can affect a wrongful death claim.
- Criminal charges. There is no requirement that criminal charges be filed against the responsible parties. There is no requirement that a defendant be convicted of a crime. A wrongful death claim is a civil case, not a criminal case. If criminal charges are filed, such as for driving under the influence, we can coordinate your wrongful death claim with the criminal charges. Usually, the criminal case, if there is one, will proceed first.
- Witnesses that we may seek testimony from include the police, traffic reconstruction experts, product safety experts, eyewitnesses, and other defendants. The ability of the defendants to testify may be limited because your loved one is not able to testify.
What is the time limit for filing a wrongful death claim in Maryville?
In Tennessee, the wrongful death filing deadline is generally one (1) year from the date the injury occurred that later resulted in death (often the accident date), though some exceptions can apply. Please contact us as soon as possible. As we discussed above, we need to be able to investigate the cause of the accident and speak with professionals and witnesses before their memories fade.
What is the time limit for filing a wrongful death claim in Maryville?
In Tennessee, the wrongful death filing deadline is generally one (1) year from the date the injury occurred that later resulted in death (often the accident date), though some exceptions can apply. Please contact us as soon as possible. As we discussed above, we need to be able to investigate the cause of the accident and speak with professionals and witnesses before their memories fade.