Franklin Wrongful Death Lawyers
Talk to our compassionate Franklin wrongful death attorneys after the death of a loved one
Losing a loved one is an unimaginable hardship, and the legal complexities that follow can compound your emotional distress. At Rocky McElhaney Law Firm, we understand the profound grief and overwhelming sense of loss that accompanies wrongful death. Our compassionate team of Franklin wrongful death attorneys is here to offer you support, guidance, and legal expertise during this difficult time. We are committed to helping families like yours seek justice and accountability for the untimely loss of a cherished family member. We recognize that every case is unique, and we approach each with the utmost care and attention to detail, working to provide closure while advocating fiercely for your rights. You don't have to face this journey alone — let us be your advocates as you pursue the justice and compensation your loved one deserves.
How can we help?
- What is wrongful death?
- What types of accidents lead to wrongful death in Franklin?
- Who can bring a wrongful death claim in Franklin?
- What is the value of my Franklin wrongful death claim?
- How long do I have to bring a wrongful death claim in Franklin?
- Do you have a Franklin wrongful death attorney near me?
What is wrongful death?
Wrongful death happens when someone dies because of the negligence or wrongful actions of another person or entity. It could be due to a car accident caused by a reckless driver, medical malpractice during surgery, or a defective product. Essentially, it's a death that could have been prevented if proper care or caution had been taken.
Wrongful death lawsuits aim to hold the responsible parties accountable and seek compensation for the deceased person's family for their loss, including financial support, companionship, and emotional suffering. These cases can be complex and emotional, but they provide some measure of justice and financial support for those left behind.
What types of accidents lead to wrongful death in Franklin?
Wrongful death can result from various types of accidents and incidents, including:
- Car accidents: Collisions involving cars, trucks, motorcycles, bicycles, and pedestrians can lead to wrongful death if they are caused by negligent or reckless driving.
- Medical malpractice: Mistakes made by healthcare providers, such as surgical errors, misdiagnosis, medication errors, or failure to provide appropriate treatment, can result in wrongful death.
- Workplace accidents: Fatal accidents occurring in the workplace, such as falls from heights, machinery malfunctions, or exposure to hazardous substances, can lead to wrongful death claims against employers or third parties.
- Defective products: Products with design defects, manufacturing defects, or inadequate warnings can cause fatal accidents, leading to wrongful death claims against manufacturers, distributors, or sellers.
- Dangerous premises: Negligently maintained or unsafe premises, such as slip and fall accidents in stores, apartment buildings, or public spaces, can result in wrongful death claims against property owners or managers.
- Construction accidents: Fatal accidents at construction sites, such as falls, electrical accidents, or being struck by objects, can result in wrongful death claims against contractors, subcontractors, or property owners.
- Violent acts: Intentional acts of violence, including assault, homicide, or manslaughter, can lead to wrongful death claims against the responsible individuals or entities.
These are just a few examples of the types of accidents and incidents that can result in wrongful death. Each case is unique, and liability for wrongful death depends on the specific circumstances surrounding the incident. It's important for families who have lost a loved one in such tragic circumstances to seek legal guidance from a qualified Franklin wrongful death attorney to understand their rights and options for seeking justice and compensation.
Who can bring a wrongful death claim in Franklin?
In Tennessee, the right to bring a wrongful death claim is governed by state law. According to Tennessee's wrongful death statute (Tenn. Code Ann. § 20-5-106), the personal representative of the deceased person's estate is generally the individual authorized to bring a wrongful death claim on behalf of the deceased person's surviving family members.
The personal representative, who is typically named in the deceased person's will or appointed by the probate court, represents the interests of the estate and the beneficiaries of the wrongful death action. The beneficiaries typically include the deceased person's surviving spouse, children, or next of kin.
If the deceased person did not appoint a personal representative in their will or if there is no will, the court may appoint one to act on behalf of the estate to pursue the wrongful death claim.
If you believe you have a wrongful death claim, it's important to consult with a qualified Franklin wrongful death attorney who can provide guidance based on the specific facts of your case and help protect your legal rights and interests.
What is the value of my Franklin wrongful death claim?
Determining the value of a wrongful death claim involves a variety of factors, including:
- Economic losses: This includes quantifiable financial losses such as medical expenses, funeral and burial expenses, lost income and benefits, and the value of services the deceased would have provided.
- Non-economic losses: These are less tangible losses such as pain and suffering, loss of companionship, loss of consortium, and emotional distress experienced by the surviving family members.
- Punitive damages: In some cases, punitive damages may be awarded to punish the defendant for particularly egregious conduct and to deter similar behavior in the future.
Our experienced Franklin wrongful death attorneys can help you understand your legal rights, negotiate with insurance companies or other parties involved, and advocate on your behalf to seek fair compensation for your losses.
How long do I have to bring a wrongful death claim in Franklin?
In Tennessee, the statute of limitations for filing a wrongful death lawsuit is generally one year from the date of the deceased person's death. This means that the lawsuit must be filed within one year of the date of death, or the claim may be barred.
If you believe you have a wrongful death claim in Tennessee, consult with the Franklin wrongful death lawyers at Rocky McElhaney Law Firm as soon as possible to ensure that you understand and comply with the applicable statute of limitations. Missing the deadline to file a lawsuit can result in the loss of your right to seek compensation for your losses. We can evaluate the facts of your case, advise you on your legal rights and options, and help you take appropriate action within the required time frame.
Do you have a Franklin 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.
Franklin wrongful death attorneys working for you and your family
Losing a loved one due to someone else's negligence or wrongful actions is an unimaginable tragedy, and dealing with the legal aftermath can feel overwhelming amidst the grief. At Rocky McElhaney Law Firm, we understand the profound emotional and financial toll that wrongful death can inflict on families. Our compassionate team of Franklin wrongful death attorneys is dedicated to providing you with the support, guidance, and legal help you need during this difficult time. To schedule a meeting with an experienced lawyer, call our offices or fill out our contact form today.