How do I recover for Wrongful Death?

In wrongful death cases, it’s tough, because it’s often the estate or the family who are trying to — who weren’t there on the scene when the person was injured, who weren’t there when the person died, who depended upon that person, often, to be able to be either the caretaker of the family, the financial support of the family, or in many cases these days, both. In those cases — I’ve tried many wrongful death cases.
It’s an unusual situation because the recovery that the family can get is on behalf of the estate who represents that injured person. And you can recover for the injury, the suffering to that person before his or her death. And then the family is, well — the family being limited to the spouse or the children, the husband, wife or the children — can also recover for the economic loss and the injury to them emotionally and the anguish that they had to go through because of the wrongful death

What types of damages can be recovered?

When a person files a personal injury lawsuit, they can claim a number of different damages, but everything has to be related back to the injury that was caused that is the subject of the lawsuit. They are entitled to recover lost wages, medical bills, pain and suffering, pain and suffering in the past and the future. In some lawsuits, a person may even be entitled to punitive damages, damages that are intent to discourage defendants from continuing to commit bad behavior. There are a number of different things that a person can recover for, and it’s not just limited to your medical bills and your lost wages, mental anguish dependent on the suit. That’s why it is critical to immediately discuss with an attorney what’s happened to you so that you can be sure to document all of the expenses that you may have that are related to a lawsuit.

Our law practice is focused on a small number of select cases involving catastrophic injuries ( death, brain injury, spinal injury, burns) resulting from negligence of motor carriers (truck and bus), defectively manufactured products, and other negligent acts.

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Contact 615-896-5600 to discuss your case.

Injuries can occur anytime and anywhere. If you have suffered physical or emotional harm because of another person’s or company’s negligent or reckless acts, or failure to act, you can file a claim against the party or parties at fault. You may be entitled to recover monetary damages for pain and suffering, lost wages and payment of reasonable medical expenses (both present and future).

If your claim cannot be settled, you must prove in court that you have been injured by another party’s acts to win a personal injury claim.

Personal injury victims are called plaintiffs. Parties accused of causing harm are called defendants. A tort is a legal wrong for which the law allows money damages as a remedy. There are several different types of tort claims for which a lawsuit can be filed, including:

• Negligence is failure to exercise the standard of care required by the law to protect others from an unreasonable risk of harm. A defendant may be found negligent even if the act that caused a harm was not intentional. On the other hand, a defendant may claim that the plaintiff was also negligent and contributed to his or her own injury, or that the defendant knowingly assumed a certain amount of the risk related to an injury. Buying a lift ticket at a ski resort would be an example of knowingly assuming the risk of injury inherent in skiing. The term “standard of care” generally means the conduct and behavior of a reasonably prudent person under the same circumstances.
• Absolute liability, also referred to as strict liability, means liability that is imposed upon a defendant regardless of negligence or fault. Absolute liability typically exists for persons or companies who control activities or produce products that carry an inherently great risk, such as, for example, explosives manufacturing, ownership of dangerous animals, or operation of a skydiving business. Also, employers generally are strictly liable for occupational injuries to their employees, regardless of the inherent risk associated with the type of work performed.
• Intentional torts are intentional acts or failures to act that result in harm to another person or damage to another person’s property. Examples include assault, battery, trespass, false imprisonment, fraud, libel, slander, and intellectual property infringement. While the first few of these acts may be prosecuted criminally, it is also possible for a victim to bring a separate civil lawsuit to recover damages.

Physical personal injuries for which damages may be awarded can include disability, loss of limb(s), permanent scars and disfigurement, and loss of any of the five senses. Emotional harm can include embarrassment, mental anguish, the loss of love and affection, emotional trauma and loss of enjoyment.

As you can begin to see, personal injury is a complex area of the law, and it is vital that you seek guidance from a competent attorney. Also, personal injury claims are subject to a statute of limitations, which means that a victim has a limited time period during which he or she may file a lawsuit. It is important that you consult an attorney at the earliest possible date if you believe you may have a valid claim, so that you can protect your legal rights. We do not charge any fee for consultations of this sort.

If you or a friend or family member has been injured as a result of someone else’s negligence, we would be happy to review and evaluate your case. We do not charge any fee for consultations of this sort.

You pay no attorney fees unless we achieve a successful recovery for you, and we will never ask you for a retainer payment. Further, your initial discussions with us and our evaluation of your case will not obligate you in any way. Our fees in personal injury matters are based upon a contingent fee agreement, which specifies that we are paid a percentage of any recovery we make for you, and any costs and expenses advanced by us during the case are deducted from the recovery proceeds at the conclusion of the case.

As you might expect, every case is unique and more complex cases take longer to resolve. With that said, cases involving auto accidents or premises liability with typical injuries usually take three to nine months to settle. Please keep in mind, though, that we want to be confident we have the best possible understanding of your long-term medical prognosis and any permanent physical impairment before you sign a release. This can delay completion of your case.

Call 615-896-5600 for a free consultation today. Home, evening and hospital appointments are available.

Do you feel like the Social Security Administration is unfairly denying or ignoring your claim?   Anyone who paid enough in social security taxes is eligible to file a claim for Social Security disability in Tennessee and the United States if they are disabled.  There are currently over nine million people on disability and two million people file disability benefits claims each year.   The Social Security Administration has so many claims it may feel like social security is intentionally delaying your claim or that your case has been swallowed up in the system.  The best way to fight is to have a social security disability attorney in Tennessee on your side, who will make sure social security is giving your case the attention it deserves.

What should I do? If you or a friend or family member are involved in a slip and fall accident, try to obtain as much information as possible about the location of the accident and what you are observing.

You should also make notes about relevant facts, ideally as soon as possible after the accident, including:

• weather, time of day, available light and floor conditions
• possible potholes, spills, elevation in flooring, carpets, rugs, condition of flooring
• what type of substance caused you to fall
• save your clothing and shoes, especially if the substance has stained your clothing and do not wash that clothing
• signs or cones placed to warn, or lack thereof
• names and phone numbers of potential witnesses
• take pictures if you have a camera phone or phone with you
• apparent severity of injury, including any treatment sought or received from paramedics at the scene
• get a copy of the accident report

And while this may seem obvious, you should seek medical attention as soon as possible even if you are not experiencing severe injury symtpoms. The combination of shock, adrenaline, normal delays in the onset of muscle soreness and other factors may mask a serious injury. Immediate professional medical attention can prevent you from aggravating a masked injury and help speed your recovery.

We strongly recommend that you do not sign any insurance company documents related to your accident before consulting with an attorney. We would be happy to review and evaluate your case. We do not charge any fee for consultations of this sort.