Losing a loved one unexpectedly leaves families shattered. The pain deepens when you discover their death resulted from someone else’s careless actions. At Dennis & Winningham, our Chattanooga wrongful death lawyer stands ready to guide grieving families through the legal process while they focus on healing.
The aftermath of a sudden loss brings overwhelming emotions alongside pressing financial concerns. Medical bills pile up. Funeral expenses demand payment. The household income may suddenly disappear. Tennessee law allows families to seek compensation following a wrongful death, but these cases require legal expertise and compassionate guidance.
We understand the hardship and loss that a person suffers after losing someone they love to a wrongful death. Accident victims and families in Chattanooga, East Tennessee, and North Georgia areas rely on the experienced wrongful death attorneys at Dennis & Winningham Law to help them with the aftermath of difficult situations.
What Defines a Wrongful Death Case in Tennessee?
A wrongful death occurs when someone dies due to another party’s negligent, reckless, or deliberate actions. These cases function similarly to personal injury claims, except the injured person cannot file themselves. Instead, certain family members or estate representatives must bring the claim forward.
Common situations leading to wrongful death claims in Chattanooga include:
- Traffic accidents on I-24, Highway 27, or busy downtown streets
- Medical mistakes at Erlanger, CHI Memorial, or other healthcare facilities
- Workplace accidents, particularly in manufacturing or construction
- Dangerous property conditions are causing fatal injuries
- Defective products leading to fatal injuries
Tennessee law sets specific rules about who can file these claims and when. Our Chattanooga wrongful death attorneys help families determine eligibility and ensure all deadlines are met.
Legal Time Limits for Chattanooga Wrongful Death Claims
Tennessee imposes strict time restrictions for filing wrongful death lawsuits. Most cases must begin within one year of the date of death. This timeframe passes quickly during grief, making prompt legal consultation crucial.
Certain exceptions exist that might extend this deadline, such as:
- Cases involving minors
- Situations where the cause of death was not immediately discovered
- Claims against government entities (which often have shorter filing periods)
Missing the deadline typically means losing the right to seek compensation forever. Dennis & Winningham help families act within these critical time constraints while respecting their need to grieve.
Compensation Available to Chattanooga Families
No amount of money replaces a loved one. However, financial recovery helps prevent additional hardship during an already devastating time. Tennessee law allows families to seek various damages in wrongful death cases.
Recoverable damages often include:
- Medical treatment costs are tied to the final injury or health crisis
- Funeral and memorial expenses are handled by the surviving family
- Income and work-related benefits the deceased could have earned over time
- The physical discomfort and emotional distress the individual endured before passing
- The lasting absence of the deceased’s presence, care, and emotional connection
- The deep psychological toll and sorrow felt by those left behind
Our Chattanooga wrongful death lawyers carefully calculate both current and future financial impacts of your loss. This thorough approach helps ensure families receive fair compensation addressing all aspects of their suffering.
The Dennis & Winningham Approach to Wrongful Death Cases
Our Chattanooga wrongful death attorneys handle each wrongful death case with personalized attention and dedication. We recognize that each family faces unique circumstances following their loss.
Our process typically involves:
- Conducting a thorough investigation into what caused the death
- Gathering medical records, accident reports, witness statements, and other evidence
- Consulting with experts when necessary to establish liability
- Communicating with insurance companies while protecting your interests
- Preparing for trial while pursuing fair settlement options
- Providing regular updates and answering your questions throughout the process
We manage the legal complexities so you can concentrate on your family during this difficult time. Our Chattanooga wrongful death lawyers remain accessible and responsive to address concerns promptly.
Do Not Rely On Insurance Companies
Do not accept any claim before you speak with an attorney. Many large insurance companies have adopted settlement policies that encourage their adjusters to offer quick payments to persons involved in an accident. Insurance adjusters will contact you or your family shortly after an accident to try to gain your confidence. In doing so, insurance adjusters often try to present themselves as the friend of the injured person or the family of the person who was killed in an accident. The goal of such contact is to settle the case on terms as favorable as possible for the insurance company.
You Are Our Top Priority
Dennis & Winningham Law are old fashion Chattanooga wrongful death attorneys who limit the number of cases we take so we can give top-flight personal service. We are not a big “settlement mill” that will merely process your case. We maintain a statewide reputation for the care we take with each of our clients. Experience the Dennis & Winningham Law difference. Give us a call today at (423) 892-5533 or fill out our contact form.
A combination of experience, expertise, and exceptional dedication to the needs of every client is the cornerstone of our success. Negligence causes many accidents, so it is imperative that anyone involved in an accident contact an experienced Chattanooga injury attorney. Please remember that it is vital to act swiftly after an accident has killed your loved one – hard though that may be. The sooner you involve one of our Chattanooga wrongful death attorneys, the better we will be able to preserve evidence, gather essential witnesses and address any other important factors.
You Deserve
- Medical reimbursement
- Payment for past and future income loss
- Full compensation for pain and suffering
- Peace of mind in knowing your financial interests are being protected
Our Chattanooga Wrongful Death Attorneys Are There For You
- Same day, evening and weekend appointments
- Home and hospital visits for the severely injured
- Never a fee until we receive a settlement for you
- We will go to trial if a fair settlement is not obtained
- Serving Georgia and Tennessee
Chattanooga Wrongful Death Statistics
Wrongful death, encompassing fatalities resulting from negligence or intentional harm, remains a significant concern in the United States. More than 150,000 wrongful death claims are filed each year.
Studies suggest that medical errors contribute to approximately 98,000 deaths annually in the U.S., highlighting the severity of preventable medical mistakes. Each year, there are more than 5,000 workplace fatalities across all sectors in the U.S., with roadway incidents accounting for 42% of these deaths.
Wrongful Death FAQs
Losing a loved one due to another person’s negligence or intentional actions is a tragic event. If you believe that someone is responsible for your loved one’s death, you may be considering filing a lawsuit. Our Chattanooga wrongful death lawyer addresses some common questions people have about wrongful death claims and the legal process.
What Are The Chances Of Winning A Wrongful Death Lawsuit?
The chances of winning a wrongful death lawsuit depend on several factors, including the strength of the evidence, the legal arguments presented, and the specific circumstances of the case. While no lawyer can guarantee the outcome of any lawsuit, cases with strong evidence of negligence or misconduct have a higher likelihood of success. Consulting with our experienced wrongful death attorney is essential for determining the best course of action. Our firm offers free case reviews and will give you our predicted outcome based on 75 years of combined experience representing victims and their families in personal injury claims.
What Evidence Should Be Admitted In A Wrongful Death Suit?
In a wrongful death suit, key evidence may include medical records, police reports, eyewitness testimony, expert testimony, and documentation of financial losses. Additionally, photographs, videos, and other physical evidence related to the accident or incident that caused the death can be critical. Our lawyer will depose witnesses and gather and present the most relevant evidence to support your claim.
How Do I Know If I Have A Wrongful Death Case?
To have a valid wrongful death case, you must prove that your loved one’s death was caused by another party’s negligent, reckless, or intentional actions. If the death was caused by an accident, a defect, medical malpractice, or another party’s failure to act responsibly, you may have a case. Our personal injury lawyer can evaluate the specific details of your situation to help you determine whether you have grounds for a lawsuit.
How Long Do I Have To File A Wrongful Death Claim In Tennessee?
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. It’s important to act quickly, as missing this deadline could prevent you from being able to pursue your claim. However, in certain cases, exceptions may apply, so it’s advisable to consult with our wrongful death attorney as soon as possible to make certain that your case is filed within the legal time frame.
Can I File A Wrongful Death Suit If The Person Responsible Was Not Criminally Charged?
Yes, you can file a wrongful death suit even if the person responsible for the death was not criminally charged. Criminal charges and civil lawsuits are separate legal processes. A wrongful death lawsuit is a civil matter, focused on compensating the family for their losses, while criminal charges are brought by the state to punish the responsible party. It is possible for the individual to be acquitted in criminal court and still be held liable in a civil wrongful death case.
The Road Ahead In Your Wrongful Death Case
If you believe you have a wrongful death case, it’s imperative to consult with our experienced Chattanooga wrongful death lawyer as soon as possible. We can guide you through the legal process, help you gather the necessary evidence, and advocate on your behalf to get your voice heard. While each case is unique, understanding your legal options and acting within the required time limits is essential for achieving justice for your loved one. Take the first step toward recovering damages by calling Dennis & Winningham Law today to schedule a free case review. We don’t charge unless we win, so don’t delay in pursuing legal action for your personal injury claim.
What To Expect During Your Wrongful Death Case In Tennessee
Our trusted Chattanooga wrongful death lawyer knows that losing a loved one due to someone else’s negligence is a deeply painful experience. At Dennis & Winningham Law, we’re committed to guiding families through the wrongful death legal process with care and dedication. We have practices in both Tennessee and Georgia to help as many people as we can, including those who have been hurt by wrongful death. Knowing what to expect during your wrongful death case in Tennessee can help us work together more effectively and move the case forward with confidence. Here are the key things you can expect during this process.
- Initial Consultation. During the first meeting with a lawyer, we will review the details of the wrongful death case. We will discuss the circumstances of the accident, gather information about the deceased, and address any immediate questions. This consultation helps us understand your situation and gather the foundation we need to build a strong claim.
- Gathering Evidence. As our Chattanooga wrongful death lawyer knows, gathering solid evidence is an essential part of a wrongful death case. This may include medical records, accident reports, photographs, witness statements, and more. We’ll work together to collect everything that shows the impact of the accident and demonstrates the responsibility of the at-fault party.
- Filing the Claim. Once we have gathered the necessary evidence, we will file a wrongful death claim with the insurance company or initiate a lawsuit if a settlement cannot be reached. This step includes submitting all relevant documentation to support the claim and requesting compensation for damages suffered.
- Investigation and Discovery. After filing the claim, we will enter the discovery phase. This is when both sides gather information from each other through written questions, depositions, and requests for documents. The goal is to get a clear picture of all the facts of the case. We’ll work together to gather everything required and prepare for any questions or requests from the other party’s legal team.
- Settlement Discussions. Many wrongful death claims are resolved through settlement discussions before going to court. During this stage, the insurance company or defendant may make an offer to settle the claim. We will review any offers carefully, discuss the pros and cons with you, and decide whether the offer is fair or if we should push for a higher amount.
- Mediation. Sometimes, if settlement discussions do not produce results, mediation may be required. In mediation, a neutral third party will work to help both sides reach a mutually agreeable resolution. We will support you throughout this process and advocate for the compensation that best meets your needs and situation.
- Trial Proceedings. If a settlement cannot be reached, your case may go to trial. During the trial, we will present evidence, call witnesses, and argue our case before a judge and jury. While going to trial can be stressful, we will be by your side every step of the way, guiding you through the process and fighting to get the compensation you deserve.
- Compensation Award. If we win the case or receive a settlement, compensation will be awarded. This can include damages for medical expenses, funeral costs, lost income, loss of companionship, and more. We will work together to make sure every loss is accurately accounted for, so you receive fair compensation.
- Legal Fees and Costs. At Dennis & Winningham Law, we work on a contingency fee basis. This means that we only get paid if you receive compensation. We’ll clearly explain any costs and fees upfront, so there are no surprises along the way.
- Ongoing Support. The aftermath of a wrongful death can be emotionally and financially draining. We’re committed to providing ongoing support and guidance throughout every stage of the process. We will handle all legal details so you can focus on healing and rebuilding your life.
Wrongful Death Glossary
At Dennis & Winningham Law, our experienced Chattanooga, TN wrongful death lawyer helps clients understand the legal terms and concepts involved in the process. A wrongful death case is typically pursued when a person’s death is caused by the negligence or misconduct of another party, and surviving family members or beneficiaries seek compensation for their loss. Below are key legal terms and jargon commonly encountered in wrongful death cases, along with detailed definitions:
Burden Of Proof
In any wrongful death case, the plaintiff (the party bringing the lawsuit) carries the burden of proof. This means they must provide sufficient evidence to convince the court that their claims are more likely true than not. In a civil case, the standard of proof is “preponderance of the evidence,” meaning the plaintiff’s case must be more persuasive than the defendant’s. This differs from criminal cases, where the prosecution must prove guilt “beyond a reasonable doubt.” In a wrongful death lawsuit, the plaintiff needs to demonstrate that the defendant’s actions were directly responsible for the decedent’s death, based on the available evidence.
Settlement Agreement
Often, wrongful death claims are settled out of court to avoid the time and expense of a trial. A settlement agreement is a negotiated arrangement where the defendant agrees to pay a certain sum to the plaintiff in exchange for the plaintiff agreeing to drop the case. The settlement may cover damages for lost wages, emotional distress, and funeral costs. This process allows the parties to resolve the matter without the need for a lengthy trial and the uncertainty of a court’s decision. According to our skilled Chattanooga wrongful death lawyer, a settlement might not always fully compensate the plaintiff for the loss, as it involves negotiation and may require compromise from both sides.
Negligent Infliction Of Emotional Distress
In addition to the wrongful death claim itself, plaintiffs may also pursue a claim for negligent infliction of emotional distress if they can prove they suffered significant emotional harm as a result of the defendant’s actions leading to the death of their loved one. This claim often applies when the plaintiff was directly involved in or witnessed the incident that caused the fatal injury. For instance, if a parent witnesses the fatal accident of their child due to the defendant’s negligence, they may seek compensation for the emotional pain they suffered.
Causation
Causation is a critical element in a wrongful death case. The plaintiff must establish that the defendant’s actions were the direct cause of the decedent’s death. This often involves proving a clear link between the defendant’s negligence and the fatal outcome, which may require expert testimony or forensic evidence to demonstrate the cause and effect. Without proving causation, a wrongful death claim cannot succeed.
Legal Representative
As a representative, our Chattanooga wrongful death lawyer pursues the claim, gathers evidence, and ensures that the deceased’s interests are properly represented in the legal process. They are responsible for handling the deceased’s estate, including managing the legal action for wrongful death. The representative’s role can be complex as they must balance the needs of the decedent’s survivors with the proper legal steps for pursuing the case.
Call Our Team For Support
If you’ve lost a loved one in a wrongful death incident, we’re here to help. At Dennis & Winningham Law, we fight tirelessly to get families the compensation and closure they deserve. Our firm has helped clients win over $60 million in settlements and verdicts. Contact our compassionate wrongful death lawyer in Chattanooga today to schedule a consultation and let’s begin working together to seek the justice and support you need during this difficult time.
