Tennessee Injury Lawyer Blog

Tennessee wrongful death attorneys know that sudden death affects many people each year. The tragic loss of a loved one leaves surviving family members to deal with the emotional pain and suffering. The wrongful death lawyers at Baker Associates understand the support you and your family needs.

Wrongful death is a claim against a person, company or entity that can be liable for killing another. Since the deceased person cannot bring the suit into court, the claim can be brought by the surviving relatives. Although a person can be criminally prosecuted for misconduct, the suit can also be brought as a tort, or a civil wrong. In a criminal case, the standard of proof a prosecutor must show to get a conviction against the defendant is beyond a reasonable doubt. However, the standard of proof in a Tennessee wrongful death suit is preponderance of the evidence, which means more likely than not.

In a wrongful death suit, it must be shown that the death of a human being must have been caused first, by the defendant’s misconduct, even if there was no intention to kill the victim. Second, the defendant’s conduct must have been the result of negligence. Third, the defendant must have dependent parties, such as spouse, children or other dependents, who have fourth, suffered emotional and monetary damages as a result of the death.

A wrongful death claim can arise from the following situations: medical malpractice, an automobile accident, occupational exposure, or criminal activity. If you have questions about a wrongful death suit, contact the attorneys at Baker Associates in East Tennessee, today for your legal consultation.