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Wrongful death action definition

On Behalf of | Aug 24, 2022 | Blog, Wrongful Death

Tennessee families burdened with the untimely loss of a family member often seek answers for their suffering. People want to know who’s to blame and how to be indemnified for their injury. Wrong death claims are filed to hold the alleged party accountable. This type of claim is challenging and benefits from the expertise of skilled, licensed legal professionals.

When filing a wrongful death claim, being prepared with medical records, names, dates, times and places is the bare minimum of what’s required. Some wrongful death documents require a court order for access. Assigning the person you want to handle your affairs while estate planning is wise.

Wrongful death actions

Recognizing negligent actions can be challenging during an emotional time, such as after the death of a loved one. Older patients who are chronically ill and easier to fall victim to injuries such as pressure ulcers and urinary tract infections often succumb to these harms.

Wrongful death actions also occur in reckless driving, vehicular or manslaughter cases. The court decides wrongful death claims based on sufficient evidence to warrant the assertion. An estate administrator or beneficiary can file a wrongful death claim. In the case of an intentional assault or battery resulting in death, a claim can be filed against the perpetrator for compensation and any criminal charges they might incur.

Wrongful death claimants

In most cases, the spouse has a primary claim over a deceased person’s estate; therefore, they have the right to file a wrongful death claim over the children of the deceased. The spouse would receive about one-third of the award, and the children would split the remaining amount evenly.

If there are no children or spouses, the deceased’s next of kin can file a wrongful death claim on their behalf.