Wrongful Death Lawyers in Portland, TN
Compassionate advocacy from our Portland wrongful death lawyers after the loss of a loved one
At Rocky McElhaney Law Firm, we understand the devastating impact of losing a loved one due to someone else's negligence or wrongdoing. Coping with the loss of a family member is an overwhelming and emotionally draining experience, especially when it occurs as a result of someone else's actions. As compassionate Portland wrongful death attorneys, we are here to offer you support, guidance, and legal representation during this difficult time. We know that no amount of compensation can replace your loved one, but holding accountable those responsible for their untimely death can bring a sense of closure and justice.
What is wrongful death?
Wrongful death refers to a legal claim that arises when a person dies as a result of the negligence, misconduct, or wrongful act of another individual, entity, or company. Essentially, it’s a civil action brought by the survivors or representatives of the deceased person against the party responsible for their death.
In a wrongful death claim, the survivors or representatives of the deceased person, such as family members or the estate's executor, typically seek financial compensation for damages resulting from the death. These damages may include medical expenses, funeral and burial costs, lost income and financial support, loss of companionship, and emotional pain and suffering.
What types of accidents lead to wrongful death in Portland?
Wrongful death can occur as a result of various types of accidents or incidents, many of which involve negligence, recklessness, or intentional harm. Some common types of accidents that can lead to wrongful death claims include:
- Car accidents: Collisions involving cars, trucks, motorcycles, bicycles, or pedestrians can result in fatal injuries, especially when drivers are speeding, driving under the influence of drugs or alcohol, distracted, or otherwise negligent.
- Medical malpractice: Negligent actions or non-action by healthcare professionals, including doctors, nurses, surgeons, anesthesiologists, and pharmacists, can lead to wrongful death. Examples include surgical errors, misdiagnosis, medication errors, and failure to provide appropriate treatment.
- Workplace accidents: Fatal workplace accidents can occur in various industries, including construction, manufacturing, transportation, and agriculture. These accidents may involve falls from heights, electrocutions, machinery accidents, exposure to toxic substances, or other hazardous conditions.
- Defective products: Defective or dangerous products, such as defective automobiles, medical devices, pharmaceuticals, appliances, or children's toys, can cause fatal injuries to consumers. Product liability claims may arise when manufacturers, distributors, or retailers fail to ensure the safety of their products.
- Premises liability accidents: Property owners have a duty to maintain safe premises for visitors and guests. Wrongful death may occur due to slip and fall accidents, inadequate security leading to assaults or homicides, swimming pool accidents, or other hazardous conditions on the property.
- Criminal acts: Wrongful death may occur as a result of criminal behavior, such as assault, battery, homicide, or domestic violence.
These are just a few examples of accidents that can lead to wrongful death claims. Each case is unique, and the circumstances surrounding the incident will determine whether there are grounds for a wrongful death lawsuit. If you believe that your loved one's death was caused by someone else's negligence or wrongdoing, it's important to consult with an experienced Portland wrongful death attorney to understand your legal rights and options. At Rocky McElhaney Law Firm, we can help.
Who can bring a wrongful death claim in Portland?
The right to bring a wrongful death claim is governed by state law. According to Tennessee statutes, the right to file a wrongful death lawsuit is generally reserved for specific individuals who are designated as beneficiaries. Here are the primary parties who can bring a wrongful death claim in Tennessee:
- Personal representative of the deceased person's estate: The personal representative or executor of the deceased person's estate is typically the individual responsible for initiating a wrongful death lawsuit on behalf of the deceased person and their beneficiaries. The personal representative acts as the legal representative of the estate, and pursues the claim for the benefit of the deceased person's surviving family members and dependents.
- Surviving spouse: The surviving spouse of the deceased person has the right to bring a wrongful death claim. The surviving spouse may recover damages for loss of consortium, companionship, and financial support resulting from the death of their spouse.
- Children: The surviving children of the deceased person may also have the right to bring a wrongful death claim. Children may recover damages for the loss of parental guidance, support, and companionship resulting from the death of their parent.
- Parents: In certain circumstances, the surviving parents of the deceased person may have the right to bring a wrongful death claim. This may include situations where the deceased person was a minor child or financially dependent on their parents at the time of death.
- Next of kin: If the deceased person does not have a surviving spouse, children, or parents, other next of kin may have the right to bring a wrongful death claim. This may include siblings, grandparents, or other close relatives who can demonstrate a legal relationship to the deceased person and suffered damages as a result of their death.
It's important to note that wrongful death laws can be complex, and eligibility to bring a claim may vary depending on the specific circumstances of the case. If you believe you have a wrongful death claim in Portland, it's advisable to consult with an experienced wrongful death attorney who can evaluate your case and guide you through the legal process.
What is the value of my Portland wrongful death claim?
Determining the value of a wrongful death claim is complex and depends on various factors specific to the case. There is no fixed formula for calculating the value of a wrongful death claim, as everyone’s case is unique and involves different considerations. However, some common factors that may influence the value of a wrongful death claim include:
- Economic damages: Economic damages refer to the financial losses incurred as a result of the wrongful death. This may include medical expenses related to the deceased person's final treatment, funeral and burial expenses, loss of income and financial support, and other quantifiable financial losses.
- Non-economic damages: Non-economic damages represent the intangible losses suffered by the surviving family members as a result of the wrongful death. This may include pain and suffering, loss of companionship, emotional distress, and loss of consortium.
- Punitive damages: In cases involving particularly egregious conduct or gross negligence, punitive damages may be awarded to punish the defendant and deter similar conduct in the future.
- Liability and negligence: The extent of the defendant's liability and negligence will also impact the value of the wrongful death claim. If the defendant's actions were particularly reckless or egregious, the value of the claim may be higher.
- Age, health, and life expectancy of the deceased: The age, health, and life expectancy of the deceased person may also influence the value of the claim. Younger individuals with longer life expectancies and dependents may have higher wrongful death claims.
Given the complexity of calculating the value of a wrongful death claim, it's important to consult with an experienced Portland wrongful death attorney who can evaluate the specific circumstances of your case and help you understand your rights and options for pursuing compensation. Our attorneys can provide valuable guidance and advocacy throughout the legal process to help you seek the maximum compensation available for your loss.
Do you have a Portland wrongful death attorney near me?
Rocky McElhaney Law Firm has several locations throughout Tennessee to serve our clients better. We can also schedule phone or video consultations if you are too ill or injured to visit us.
Portland wrongful death attorneys working for you and your family
If you've lost a loved one due to negligence or wrongful actions, you don't have to face the legal process alone. Our compassionate team of Portland wrongful death attorneys is here to support you through this difficult time and fight for justice on behalf of your loved one. With years of experience and a deep understanding of wrongful death law, we are dedicated to holding accountable those responsible for your loss and helping you seek the compensation and closure you deserve. To schedule a meeting with an experienced lawyer, call our offices or fill out our contact form today.