Wrongful Death: When a Loved One Passes Away
An experienced wrongful death attorney Bristol, TN trusts knows that losing someone you love can be an earth-shattering and life-changing experience. It can be even more challenging if the person you lost died due to the negligence of another person, especially if the accident was preventable. When a needless death occurs, a wrongful death lawyer can help the grieving family get the justice their deceased loved one deserves. In the aftermath of someone’s preventable death, the victim’s surviving family members may be overwhelmed with grief. It can be difficult to make decisions, including about whether or not to take legal action against the at-fault party who caused their loved one’s death. If you are the family member of a loved one who died due to wrongful death, you may have a case against the person who was responsible.
At The Law Offices of Mark T. Hurt, we understand this, and our wrongful death lawyer takes a compassionate approach to informing the family about their legal options. Depending on the circumstances of the accident, there may be several avenues to take.
If you lost a loved one because of someone’s negligence, carelessness, a violent act that person committed, we encourage you to contact our Bristol, Tennessee wrongful death lawyer. We offer families a confidential and no-obligation consultation with our wrongful death lawyer to discuss how they lost their loved one. After a careful review of the details, our wrongful death lawyer can make a determination of if and how we might help your family get justice.
The attorneys of The Law Offices of Mark T. Hurt have experience working with a vast variety of wrongful death lawsuits and can look at your case closely in order to develop a legal strategy that can lead to the compensation to which you are entitled. With The Law Offices of Mark T. Hurt on your side, you can rest assured that you are in good hands through this emotional legal process.
Wrongful Death FAQs
It is a trying time for anyone who is experiencing the wrongful death of a loved one. Your loved one deserves justice, but you may not know exactly where to start. Thankfully, you do not need to navigate this particularly challenging time alone. An experienced Bristol, Tennessee wrongful death attorney can help.
What Does “Wrongful Death” Mean?
Wrongful death is defined as a death caused by the negligence, recklessness or intentional behavior of another person. This is the basis for a lawsuit against the parties that caused the wrongful act, wherein the family members can gain monetary compensation related to the death of their loved one. No two wrongful death cases are exactly alike, so it is important not to make assumptions about your situation before you have spoken with a Bristol, TN wrongful death attorney.
What Are Some Common Causes of Wrongful Death?
Some common causes of wrongful death include:
- Medical negligence – whether it is from a doctor or nurse, as well as deaths caused by using defective medical devices and wrongly prescribed drugs.
- Car accidents, including accidents where part of the car malfunctions, for example the airbag not deploying.
- Workplace deaths.
- Construction site deaths.
- Nursing home deaths.
- Violent deaths.
- Deaths caused by defective product labels and/or warnings.
Who Can Initiate a Wrongful Death Suit?
Again, this differs in each state, but generally you can generally file a wrongful death suit if you are:
- The spouse of the deceased
- The children of the deceased
- The parents of the deceased if they did not have a spouse or children
- The siblings of the deceased if they did not have any surviving parents or descendents
How Are Damages Determined?
There are many factors that go into determining the compensation value of a wrongful death suit. X-factors include the deceased’s life expectancy at the time of their death, their health before their accident, their age, job, past earnings, and potential for future earnings. It is partially because damage determinations are both complex and consequential that it is so important to work with an experienced Bristol, TN wrongful death attorney when seeking justice for your loved one.
If you have any additional questions about wrongful death and how The Law Offices of Mark T. Hurt can help you at this time, please do not hesitate to contact us. Our Bristol, TN wrongful death attorneys are here to help you navigate the court system during this devastating time, and will help in any way we can.
What is Considered a Wrongful Death?
You may be wondering if the person who passed away actually died from a wrongful death. A wrongful death attorney Bristol, TN regularly consults with, The Law Offices of Mark T. Hurt can help sort through the details of your case, and thereby determine whether you have grounds for a successful wrongful death lawsuit.
If someone acts recklessly or with malice toward another individual, and the action results in the death of that individual, it may be considered a wrongful death. A close family member or family representative can take the at-fault person to court with the help of a Tennessee wrongful death attorney. The family can pursue a civil wrongful death lawsuit and if a judge or jury rules in their favor, the defendant will be forced to pay the family a settlement. Though a settlement can never make up for the family’s loss, it can pay for the deceased’s funeral costs and make up for the wages that they would have earned had they lived a full life.
Common types of wrongful death suits a Bristol wrongful death attorney can help with include the following:
- Accidents that occur at work due to faulty equipment or a hazardous work environment.
- Medical malpractice from surgery, misdiagnoses, or errors in prescriptions.
- On certain occasions, in the case of a murder — although, because wrongful death is a civil trial, it would be held independently from a criminal trial. It can help to ask your lawyer about the details.
- Motor vehicle accidents.
Although no amount of money can bring your loved one back, compensation can help to alleviate the stress you may be experiencing on a day to day basis. Here at The Law Offices of Mark T. Hurt, we have been successful in obtaining settlements and winning cases for our clients, including a $1 million judgment in the wrongful death of a teenager. There are a number of factors that we will assess when determining the amount you could be awarded, including the earning potential and overall health of the negligent party.
How Large is a Settlement For a Wrongful Death Lawsuit?
The answer varies depending on the circumstances of the case. When reviewing the details, our wrongful death lawyer will consider the financial damages associated with the loss of your family member. The total of these damages will form the basis of what your wrongful death lawyer will request in the form of a settlement. This is a short list of example damages that may apply in your case, in addition to other damages not listed here:
- The total amount of income the victim might have earned had they worked until retirement, including bonuses, stock options, and any other financial incentives.
- The financial equivalent of the deceased’s efforts in the home be it home improvement construction, home maintenance, etc.
- The loss of companionship if the plaintiff who files the wrongful death suit is the widow or widower of the deceased.
- The cost of the deceased’s funeral, medical care for their fatal injury, ambulance transportation, first responder treatment costs, burial plot, etc.
By working with a wrongful death attorney Bristol, TN recommends from our firm, you may be entitled to compensation for:
- Medical expenses
- Funeral expenses
- Loss of future earnings (especially if the person who died supported the family)
- Loss of inheritance
- Pain and suffering
With the sudden loss of a loved one can come unexpected financial expenses, especially if you were financially dependent upon the person who passed away. This can put many in a precarious financial position. It can even result in being unable to pay expenses. Watching bills mount up can cause serious stress, something you don’t need to have while working through the complicated process of grief. We are here to help. A wrongful death attorney Bristol, TN knows from our firm can help negotiate with insurers, including hospital collectors, while partnering with you through the rest of the legal process.
Contact a Skilled Wrongful Death Attorney in Bristol, TN
If you lost a loved one in a senseless and avoidable accident or from an intentional act of violence, contact our office. Our wrongful death lawyer can meet with you for a consultation so that you can learn more about your legal options. The compassionate attorneys of The Law Offices of Mark T. Hurt will be able to manage your legal claim while keeping your interests and needs at the forefront. “I want the person to pay for what they’ve done” is a phrase we are all too familiar with; you may feel comfort in the possibility that person who caused the accident could pay damages for his or her actions. Call us today at 423-573-2417 for a complimentary consultation with a wrongful death attorney Bristol, TN clients prefer in order to begin going over the details of your claim.
When a loved one dies, it is always a difficult time for the loved ones they leave behind, but when that death is caused by the negligence of another party, that loss can be even more devastating than it otherwise might have been. In these cases, the family may have the legal right to file a wrongful death lawsuit against those who negligently contributed to the death in question. An experienced Bristol, Tennessee wrongful death attorney understands that a lawsuit will not bring back your loved one, but suing the party responsible for their death can allow your family access to rightful financial compensation and some measure of justice for your loss.
In general, the heirs, beneficiaries, or estate representatives can file a wrongful death lawsuit. However, each state imposes its own limitations on who may and who may not file this particular kind of legal claim. Some of the more common causes of wrongful death that an experienced Bristol, TN wrongful death attorney may handle include the following:
- Vehicle accidents
- Medical malpractice
- Premises liability
- Defective or dangerous product
- Workplace accident
- Criminal act
In order to be successful in a wrongful death lawsuit, a Bristol, TN wrongful death attorney must generally prove the following legal elements:
- Negligence: The lawsuit must show that defendant (at-fault party) was negligent or reckless and that behavior caused the victim’s death.
- Breach of Duty: This is a responsibility that the defendant had to the victim but failed to adhere to it. For example, a doctor has a duty to his or her patients to keep them healthy. If the patient dies because the doctor was negligent in some way, then the doctor has failed in their duty.
- Cause of Death: The wrongful death attorney cannot just show that the defendant was negligent. The attorney must prove that it was that negligence that caused the victim’s death.
- Damages: The financial losses and burden that the victim’s death puts on the family must also be proven in a lawsuit, such as funeral and burial expenses and medical costs that were incurred trying to save the victim’s life. Other damages include the loss of the victim’s income and benefits for his or her family, especially if the victim was the primary breadwinner of the family.
Ideally, the two sides can come to a settlement agreement, otherwise the lawsuit will need to be litigated in a civil trial where a jury will determine if the defendant is responsible for the victim’s death and, if so, how much the family should receive in damages. Either way, having an experienced Bristol, TN wrongful death attorney on your side can help to ensure the success of your case and access to maximum compensation under the circumstances.
Contact a Wrongful Death Attorney for Help
If you have lost a loved one because of the negligent actions of another party, please contact The Law Offices of Mark T. Hurt today. Our legal team will aggressively fight for the financial compensation your family deserves and hold the at-fault party accountable for their actions. Call our office today for a free case evaluation.
“Words can’t begin to explain how appreciative I am for the services that the Law Offices of Mark T. Hurt provided. I live out of state, so I was concerned about being present for a ticket I got for reckless driving. But, after speaking with Brooke about it, I felt relieved and confident that it would be taken care of in the most professional way possible and I was 100% right! Thank you so much for your kindness and professionalism in which you handled my case.”