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Nashville Wrongful Death Lawyer

attorney Aaron HicksIf a family member was killed by another party’s negligent or intentional act, you may be able to sue for compensation for the harm you suffer. You can’t bring a loved one back, but through a legal claim, you can obtain justice after an unjust situation took a life. These are very serious cases that require the skills of an experienced Nashville wrongful death attorney.

Aaron Hicks is an experienced accidental death attorney representing plaintiffs in wrongful death claims in Tennessee. He understands the stress and grief families feel after a loved one’s unexpected death and will work to make sure justice is served. If you want to discuss the case and your legal options, call Hicks Law Firm at (615) 200-0084.

What is a Wrongful Death Case?

A wrongful death case may be filed after a person is fatally injured due to a party’s negligence or intentional act. The negligence legal theory requires the plaintiff (the person filing the lawsuit) to prove:

  • There was a relationship between the deceased and the defendant (the party being sued). This could be the fact they shared the road before an accident, or the deceased was a patient of a doctor accused of medical malpractice
  • Because of that relationship, the defendant owed the deceased a duty of reasonable care, given the situation
  • The defendant breached that duty by doing something or failing to do something
  • Which is the factual and legal (or proximate) cause of the family member’s death
  • You and the deceased suffered harm which, when measured in dollars, is called damages
  • Under Tennessee law, the defendant must compensate you for the damages

You would have the burden of proving that it’s more likely than not that these elements are true, given the evidence in the case.

What Situations Might Lead to a Wrongful Death Case?

Wrongful death cases might be the result of:

The facts could be any situation where someone’s negligence or intentional actions caused someone’s death.

What is a Survival Action?

Tennessee’s statute is a hybrid between survival statutes, which allow an estate’s personal representative to be a plaintiff, and wrongful death statutes, which permit claims by the next of kin in their personal capacity.

  • The decedent’s legal claims (such as for pain and suffering) survive their death and pass to their immediate relatives
  • The estate’s personal representative can also bring such claims to benefit the immediate relatives, not the estate
  • The next of kin can also recover damages for the harm they’ve suffered

In most states, the difference between a wrongful death case and a survival action is clearer, while they’re blended in Tennessee.

Who Can Bring a Wrongful Death Case?

A plaintiff can be the deceased’s spouse, child, or next of kin (if there’s no surviving spouse), parents in some cases, and the personal representative of the deceased’s estate.

What Damages are Available in a Tennessee Wrongful Death Case?

Plaintiffs can sue for:

  • Lost financial support
  • Lost companionship
  • A survivor’s mental anguish
  • The deceased’s pain and suffering
  • The monetary value of the deceased’s life (their expected income less costs if they lived a normal lifespan)
  • Medical bills
  • Funeral and burial costs

Punitive damages may be available if it’s proven the defendant acted maliciously, intentionally, fraudulently, or recklessly. They are not meant to compensate family members or the estate but to punish the defendant and discourage them and others from committing similar acts in the future.

Why Should I Hire Aaron Hicks for My Wrongful Death Case?

Aaron Hicks has represented many clients in wrongful death cases. That experience aids him in effectively negotiating these claims, avoiding legal pitfalls that may end or delay a case, and handling the many complex factual and legal issues that may arise.

He understands what grieving families are going through after the traumatic death of a loved one. Aaron Hicks will support you through the insurance and legal processes, and deal with insurance companies and their wrongful death lawyers so you won’t have to. He will keep you updated and promptly respond to your questions and concerns.

Aaron Hicks accepts wrongful death claims on a contingency basis, so you need not pay anything until your case settles or you’re awarded damages after a trial.

Contact a Nashville Wrongful Death Law Firm

Hicks Law Firm has a team of compassionate and effective wrongful death attorneys in Tennessee will aggressively pursue your claims, fight for justice for your family member, and help you recover from your financial losses after your loved one’s death.

Call us today at (615) 200-0084 or fill out our online contact form today to discuss your case, how Tennessee law may apply, and your best legal options.