If someone you love dies, in an accident, there may be grounds for a wrongful death action. A wrongful death claim means the death was due to the negligence of another person or party. This type of action is filed on behalf of the victim’s estate against the liable party. The estate includes the real parties who may be immediate family members. However, some states allow domestic partners and other financial dependents to recover. The persons or parties that can be sued include:
1. an impaired driver in a fatal accident
2. manufacturers of faulty products
3. a hospital or nursing home
People who need a Wrongful Death Lawyer in Nashville TN should visit the website for Ponce Law. Go to the section on wrongful death and Click Here. These lawyers have years of experience handling a variety of cases. Lawyers tell people that wrongful death actions are tricky because the burden of proof is on the plaintiff. The plaintiff has to prove that the defendant owed a duty of care to the deceased person. For example, in a car accident, the driver has the responsibility to drive without being impaired. Further, the plaintiff needs to show the Court that the defendant breached a duty of care owed to the plaintiff. An example would be a doctor who fails to diagnose a patient properly. Finally, the plaintiff has to prove causation. For instance, the doctor misdiagnoses the patient and they die of cancer as a result.
The Wrongful Death Lawyer in Nashville TN explains estates may recover economic, non-economic and punitive damages. Economic damages include:
1. medical and funeral expenses
2. loss of the deceased’s pension
Non-economic damages include pain and suffering and loss of love and companionship. Punitive damages are awarded to punish the defendant if they show extremely bad conduct. For example, a driver may be punished if they kill someone in their third DUI accident. Additionally, some states allow victims to recover triple damages in actions against negligent nursing homes. The statute of limitations on wrongful death actions is usually two years. However, in certain cases, like medical negligence, the times does not start to toll until the act is discovered. Be sure your rights are protected by hiring the most experienced lawyer possible.
