Chattanooga Wrongful Death Attorneys

What Is Wrongful Death?

“Wrongful death” refers to the avoidable death of an individual caused by the negligence, recklessness, or intentional wrongdoing of another person or organization. Because the victim cannot seek damages through a personal injury claim, qualifying parties have the right to bring a wrongful death claim on their behalf. 

If you are not sure whether you or your family has grounds for a wrongful death claim, we encourage you to reach out to our team at The Hamilton Firm. Our Chattanooga wrongful death attorneys can assess your situation and walk you through your legal rights and options.

Types of Accidents Leading to Wrongful Death Claims

• Car accidents
• Truck accidents
• Bus accidents
• Rideshare accidents
• Drunk driving accidents
• Motorcycle accidents
• Pedestrian accidents
• Bicycle accidents
• And more

Who Can File a Wrongful Death Lawsuit?

Not all family members and loved ones of a wrongful death victim have the right to take legal action. Each state enforces laws governing who can initiate a claim. If you are not sure whether you have the right to file a lawsuit, get in touch with our Chattanooga wrongful death lawyers. We can quickly determine whether you have standing, and, if you do not, advise who does. 

Wrongful Death Claim Rights in Tennessee

In Tennessee, the victim’s closest surviving relative has the exclusive right to file a wrongful death lawsuit. This may be the victim’s surviving spouse, child, or parent. If there are no surviving relatives available to pursue the claim, the personal representative of the victim’s estate (decided by the victim’s will or the court if there is no valid will) can bring a claim.

Filing a Wrongful Death Lawsuit in Georgia

In Georgia, the wrongful death victim’s surviving spouse, parent, and children all have the right to take legal action. Again, if no qualifying surviving relative exists, the personal representative of the victim’s estate can file a lawsuit.

Alabama's Approach to Wrongful Death Claims

In Alabama, only the personal representative of the victim’s estate can file a wrongful death lawsuit if the victim was an adult at the time of their passing. If the victim was a minor when they died, their parents have a six-month window to bring a wrongful death claim, after which the exclusive right to take legal action reverts to the personal representative. 

Statute of Limitations for Wrongful Death Claims in the Southeast

The time limit for filing a wrongful death lawsuit will depend on where the victim passed away, as the deadlines vary by state.

Deadlines for Wrongful Death Lawsuits by State

• Tennessee: One year of the death
• Georgia: Two years of the death
• Alabama: Two years of the death

It is important to note that, no matter the state, the pertinent deadline is tied to the date the victim passes away, not the date of the incident that caused fatal injuries. In other words, if someone suffers catastrophic injuries but does not die until weeks later, the clock does not start ticking until they pass away. 

If the cause of death is not immediately apparent, the relevant deadline may also be tied to the date the negligence, recklessness, or intentional wrongdoing was discovered (or reasonably should have been discovered).

Recoverable Damages in Wrongful Death Cases

No level of compensation can replace a lost loved one. Holding responsible parties accountable for their actions is important, however, as is getting the compensation you need to cover the losses that unavoidably come with the unexpected death of a family member. The exact damages you can potentially recover varies by state, but, generally, you can seek compensation for economic and non-economic damages suffered by the victim as well as their survivors.

Compensation for Wrongful Death: What Families Can Claim

• Your loved one’s final medical expenses
• Funeral and burial expenses
• Your loved one’s pain and suffering
• Mental anguish sustained by you and other survivors
• Lost wages and earning potential
• Loss of consortium and companionship