Wrongful Death
Helping surviving families obtain compensation for a loved one's death
A wrongful death occurs when someone is killed as a result of another's carelessness, negligence or malicious action. Wrongful death may result from a car, truck or other vehicular accident, a work-related accident, a criminal act, medical malpractice, a defective product or unsafe premises.
Nothing can bring your loved one back. The best the law can do for the victim's survivors is to hold those responsible liable for monetary damages. The Kennedy Law Firm, PLLC wrongful death attorneys help get compensation for close family members, such as the victim's spouse, children and parents.
To be entitled to compensation, a wrongful death claim must establish that:
- The defendant's action or failure to act caused your loved one's death
- The defendant was negligent in these actions or strictly liable for the victim's death
- There are survivors, such as a spouse, children, parents, beneficiaries or dependents
- The victim's death resulted in monetary damage to the survivors
Survivors may be entitled to monetary damages, including:
- Funeral and burial expenses
- Medical and hospital expenses connected to the death
- Loss of the victim's expected earnings between the time of the death and the expected retirement or death
- Loss of benefits such as pensions and medical coverage
- Loss of inheritance
- Pain and suffering of the victim
- Pain and suffering of the survivors
- Loss of financial support, care, protection and companionship of the survivors
- Punitive damages in limited and extreme cases
Preserve your rights to maximum compensation
If you believe you have a claim for the wrongful death of a family member, speak with an experienced wrongful death attorney as soon as possible to ensure that evidence is fully preserved and to protect your legal rights. The lawyers of The Kennedy Law Firm, PLLC are experienced in wrongful death claims. We assess the viability of your wrongful death claim and explain what you can expect from settlement negotiations or at trial. We research your case, interview witnesses, collect evidence, confer with expert consultants, plan legal strategy and negotiate with insurance companies and opposing counsel to get you the compensation you deserve.
Frequently asked questions
What is the statute of limitations for filing a wrongful death claim?
In Tennessee and Kentucky, a claim must be filed within one year of the date of death. Neither state will honor a wrongful death claim filed after the legislated timeframe. If you file after this time period, your opportunity to recover damages for the family will be lost forever.
What is the difference between wrongful death and medical malpractice?
Wrongful death is a type of damage and malpractice is a type of negligence. Not every wrongful death case involves medical malpractice and not every medical malpractice case involves wrongful death.
Who can sue for wrongful death?
State law defines who is allowed to bring a wrongful death suit. A spouse and children may file. Grandparents or other relatives may also be allowed to sue.
Contact us for free consultation
As a client, you’ll receive our full commitment. With offices in Clarksville, Tennessee’s fifth largest and youngest city, The Kennedy Law Firm serves clients throughout Tennessee and Kentucky, including the counties of Montgomery, Davidson, Stewart, Cheatham, Houston, Dickson, Humphreys and Henry in Tennessee, as well as Todd and Christian counties in Kentucky. Call us today at 1.931.266.4107 or contact us online. We look forward to speaking to you about your situation.
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