Compensation for a Wrongful Death Claim
Posted on behalf of Greg Coleman Law on Jun 08, 2018 in Personal Injury
If someone you love was killed in an accident caused by another’s negligence, you may be entitled to compensation through a wrongful death claim.
A wrongful death claim is intended to provide compensation to the decedent’s surviving dependents, including his or her immediate family, children and spouse. However, it may be in your best interest to consult with an experienced wrongful death attorney in Knoxville to determine how you may be compensated after losing a loved one to another’s negligence.
Contact Greg Coleman Law to schedule a free, no obligation review of your wrongful death claim. We are dedicated to defending victims of negligence and will determine if you may be entitled to the following types of compensation:
Economic damages refers to the financial losses you and your loved one may have suffered before or after the decedent’s death. This can include the decedent’s:
- Medical expenses
- Funeral expenses
- Loss of earning capacity
- Loss of financial support
- Loss of employment benefits
To determine the amount of economic damages you may be entitled to receive, an attorney may review several factors regarding the decedent at the time of his or her death, including the decedent’s:
- Life expectancy
- Average salary or income
- Job title and industry
In addition to economic damages, victims may also be entitled to receive non-economic damages after losing a loved one because of another’s negligence. Non-economic damages is compensation for the intangible suffering and adverse changes you experience following the decedent’s death. This can include compensation for:
- Pain and suffering
- Loss of enjoyment of life
- Loss of reputation
- Mental anguish
- Emotional distress
- Loss of companionship
Non-economic damages differ from economic damages in several ways. This type of compensation cannot be recovered through an insurance claim and is only awarded by filing a wrongful death lawsuit.
Furthermore, the amount of non-economic damages you can receive through a wrongful death lawsuit in Tennessee is limited to $750,000, according to TN Code § 29-39-104.
To determine the amount of non-economic damages you may be entitled to receive, it is in your best interest to contact an experienced attorney to review your wrongful death claim. He or she will evaluate how your life may have been affected since the decedent’s death and provide an accurate estimate of the amount of compensation you are owed.
In rare cases, victims may be awarded punitive damages from the at-fault party. However, punitive damages are not intended to compensate the decedent’s surviving dependents.
Instead, punitive damages are used as a type of financial punishment the court imposes on the at-fault party if its action were to intentionally harm or kill the victim or exhibited extreme recklessness or negligence.
However, punitive damages awarded by a Tennessee court cannot exceed an amount greater than two times the amount of economic damages awarded, or $500,000, according to TN Code § 29-39-104.
Contact an Attorney for Help
If your loved one’s death was caused by another’s negligence, you may be entitled to file a wrongful death claim against the at-fault party.
Greg Coleman Law’s Knoxville personal injury attorneys have decades of combined experience helping victims of negligence obtain the justice they deserve. We will provide you with a free, no obligation consultation to review your claim and determine the types of compensation you may be able to pursue in a wrongful death case.
All of our attorneys work on a contingency fee basis, which means you will not be charged upfront for our services. We only require payment if we recover compensation for your claim. There is no risk in contacting us to find out if you have a case.