As an injury law firm, it is one thing to handle cases where people have been seriously or catastrophically injured. It’s quite another when someone has passed away as a result of their injuries. This is always an extremely difficult time for the spouse and other family members of the deceased, and it is something that we as attorneys not only recognize, but empathize with as much as possible. It is our sincere wish to bring some level of calm and comfort to distraught family members, when they are faced with pursuing those responsible for their loved one’s death.
These cases are often not cut and dry, black and white. They are referred to in legal terms as Wrongful Death cases, and no two are ever the same. There are different levels of responsibility and liability – for example, a truck driver and the trucking business owner or manager could both be responsible. A product AND the product manufacturer and/or retailer could all have played a role in causing the tragic death. The number of parties involved, and their level of liability, varies by case. Our wrongful death attorneys are experienced at the complexities of these sensitive cases.
What we advise anyone facing this type of tragedy is that, from the beginning, write everything down. Keep a journal and documentation of everything that took place prior to, during, and after the incident or accident that took a life. The more detail you have, the better we are able to do our jobs of determining those at fault either wholly or partially, directly or indirectly, and holding them accountable.
Both businesses / organizations and individuals can be held liable in a wrongful death lawsuit. Depending on your case, we can pursue compensation for lost wages/income, physical losses and damages, medical bills and other costs involved with the individual’s passing, and your pain and suffering.
We do not recommend talking to insurance representatives before speaking with an injury attorney. It is their job to quickly resolve this issue and have you accept the lowest possible amount for your claim, and quickly, before you change your mind. Don’t give in to pressure by an insurance agent to settle, before you even know what your wrongful death case may be worth.
We understand how frustrating it can be to deal with insurance companies and paperwork, and we are here to handle that for you. When we act as wrongful death attorneys for our clients, we review all details of the incident with the insurance professionals involved, sparing you the need to do so. We become a buffer for you so that you do not have to speak to them and be pressured by them.
Also note that there is a statute of limitations on filing a wrongful death case. Even though it may feel odd to receive financial gain from a loved one’s death, these are monies that you are fully entitled to if someone was negligent. Also note that wrongful death cases help prevent future similar tragedies from happening to others. It is absolutely correct to hold people and companies accountable if they are negligent. Our law firm strives to bring them to justice.
Attorney Bryan E. Delius was born and raised in Sevier County, TN. He founded Delius & McKenzie more than 20 years ago, after receiving his JD from the University of Tennessee at Knoxville. He is admitted in Tennessee and in several federal court systems. Learn more about Bryan E. Delius.