Category Archives: Wrongful Death
Person Dies in Single Vehicle Ooltewah Crash
Ooltewah, TN (September 22, 2020) The Hamilton County Sheriff’s Office reports that one person died in a single vehicle crash that occurred on Ooltewah-Georgetown road on the afternoon of September 22nd. The cause of the accident as well as the name of the motorist who was killed in the accident are still pending. The… Read More »
TN Court Revives “Wandering Bull” Wrongful Death Lawsuit
If you have lost a loved one in a car accident, you understandably want to hold any responsible parties accountable. But proving a wrongful death claim is a complex process that may require multiple stages of litigation. This is why it is critical to conduct a full investigation of the circumstances surrounding an accident… Read More »
Court of Appeals Upholds $7M Wrongful Death Judgment in 2011 Murder Case
Personal injury claims normally involve negligent acts. That is to say, the defendant did not intend to injure the victim. Instead, the defendant was merely reckless or careless in performing some duty owed to the victim. But there are also personal injury lawsuits based on intentional or criminal misconduct. The fact that a defendant… Read More »
Can a Spouse File a Wrongful Death Lawsuit If He Caused the Fatal Accident?
The law sometimes leads to unusual–even seemingly absurd–results. Last year, we discussed a Tennessee Court of Appeals decision that held the husband of a car accident victim could not bring a wrongful death claim for his wife’s death when he himself had been accused by the victim’s daughter of causing the accident. The Tennessee… Read More »
TN Supreme Court Revives Wrongful Death Lawsuit
In May 2016 we discussed an unfortunate ruling by the Tennessee Court of Appeals, which overturned a jury verdict. The victim’s husband had initially filed his complaint against the defendants without the assistance of a qualified personal injury attorney. Although he later obtained counsel, it was not until after the one-year statute of limitations… Read More »
Memphis Utility Faces Trial for Allowing Man to Die of Heatstroke
Wrongful death lawsuits are often associated with corporate or institutional malfeasance, such as manufacturing a dangerous or defective product. But under Tennessee law, a wrongful death claim may arise from any “wrongful act” or “omission” that leads to the victim’s demise. The act or omission itself need not have been intended to cause harm…. Read More »
Is a Tennessee Municipality Liable for Failing to Respond to a Suicide Threat?
A Massachusetts judge recently issued a landmark decision holding a woman criminally responsible for sending a series of text messages that encouraged her boyfriend to commit suicide. The judge said the defendant’s “reckless and wanton conduct” directly led to the young man’s death. Defense lawyers unsuccessfully argued the deceased was suicidal well before he… Read More »
Can You Sue a Tennessee Police Officer for Wrongful Death?
A wrongful death lawsuit is a special type of personal injury claim alleging someone’s act of negligence caused the death of a spouse or parent. Wrongful death often involves situations like a car accident caused by a drunk driver or medical malpractice leading to the death of a patient. But wrongful death may also… Read More »
Who Has the Right to File a Wrongful Death Lawsuit?
In most personal injury lawsuits, the plaintiff is the person who suffered an injury due to the defendant’s negligence. Sadly, there are cases where the victim died because of the defendant’s actions. When this occurs the right to sue for “wrongful death” passes under Tennessee law to the victim’s surviving spouse or next of… Read More »
Bringing a Wrongful Death Claim in Tennessee
There is no amount of money that can compensate for losing a child. But when a child dies due to a third party’s negligence, the parents have a legal right to seek justice. In Tennessee, as in most states, the most common venue for such justice comes in the form of a wrongful death… Read More »