Losing a loved one is one of the most upsetting and life-changing experiences a family can go through. When that loss results from someone else’s carelessness or negligence, the ensuing emotions can be hard to process. This is traumatizing and unfair, and your family deserves nothing short of justice and the knowledge that the responsible party is held to account for what they’ve done.
At Daniel, Daniel, & Newman, we know how the pain and devastation of losing a loved one can affect a family. For over 80 years, Grainger County and Eastern Tennessee residents have relied on the Daniel name for legal advice and moral support. Our wrongful death law firm is based on a Christ-centered model, so we understand the values, culture, and ideals the Grainger County community holds dear.
Lead attorney Evan M. Newman knows that pursuing compensation is not your top priority. However, he also understands how losing a family member can profoundly impact your financial stability during this challenging time. Evan offers compassionate emotional support and personalized legal guidance to find legal solutions to your current situation. He is committed to the same high-quality legal representation upon which his great-uncle Creed Daniel and his son, the late Dirk Daniel, built their legal legacy.
Contact our office today to arrange a consultation with a caring Grainger County wrongful death lawyer. Your case review is free, and you pay nothing unless we recover money for your case.
What Are the Benefits of Hiring a Grainger County Wrongful Death Lawyer?
During a time when you are focusing on grieving the loss of a loved one, it can be impossible to focus on anything else. For this reason, there are numerous benefits to consulting with a wrongful death lawyer in Grainger County like Evan Newman. He can provide detailed and personalized legal advice, guiding you through your legal options and helping you understand Tennessee wrongful death statutes that may impact your situation.
Unfortunately, a wrongful death claim can be highly complex, with specific deadlines and particular stipulations. Making things worse, some insurers may take advantage of you and your family’s vulnerable situation, pushing you to settle for less than what your claim is worth. Working with an attorney increases your chances of recovering the money you and your family need to move on with your lives.
Evan is an experienced Grainger County wrongful death attorney who can advocate for you and your family during this challenging time. He can help you manage a wrongful death case and all the details that come with pursuing meaningful compensation and justice for your family.
What Compensation Is Recoverable in a Wrongful Death Claim?
Wrongful death compensation can be essential to help stabilize your financial situation after the loss of a loved one who spent their life contributing financially and emotionally to your family. However, understanding your compensation options in Tennessee can be challenging.
There are two ways to pursue compensation after the death of a loved one due to the careless actions of another party. The first is through a wrongful death lawsuit, which, when successful, compensates surviving family members for:
- Funeral expenses
- Burial expenses
- Lost wages and earning capacity
- Loss of emotional support and care
The other option for compensation recovery in Tennessee is called a survival action. This action differs from a wrongful death lawsuit and is more in line with a traditional personal injury lawsuit in that the deceased could have filed a lawsuit against the at-fault party if they had not died of their injuries. Compensation recovered from a survivor’s action or survival claim goes to the estate of the deceased and can include money for the deceased’s:
- Medical expenses
- Lost wages
- Pain and suffering before death
Some families may also recover punitive damages in wrongful death lawsuits. Punitive damages are rare, as this compensation can only be awarded in cases involving malicious or intentionally reckless and dangerous behavior by the at-fault party. Instead of covering a family’s losses, they are a financial penalty that is supposed to send a strong message to the at-fault party and others, preventing them from engaging in similar behavior.
The value of each case depends on the unique factors of the situation. A Grainger County wrongful death lawyer like Evan can review your situation and help direct you to the available legal measures. He can also calculate the value of your case and negotiate on your behalf for the money your family deserves.
How Are Wrongful Death Settlements Paid Out?
Many families wonder, “How are wrongful death settlements paid out?” Settlements and verdicts from wrongful death cases are paid to the wrongful death beneficiaries in Tennessee, which means the deceased individual’s surviving family members, such as a spouse or children. If the deceased has no surviving spouse or children, compensation can go to surviving parents or other surviving next of kin.
Survival actions are separate, and compensation from those cases goes to the deceased’s estate. This money can then be divided for the benefit of beneficiaries as identified by the deceased’s will or estate plan or via Tennessee intestate succession laws.
What Must You Prove in a Wrongful Death Case?
In Tennessee, you can pursue a wrongful death case when an individual dies from injuries received from another party through a wrongful act, omission, or killing. That means to prove a wrongful death claim, you must have evidence to demonstrate that the careless actions of another individual directly caused the death of your loved one.
Evidence that can help build a solid wrongful death lawsuit can include:
- Police report
- Photographs and videos from the accident scene
- Witness statements
- Medical records
- Surveillance video
- Expert witness testimony
In a wrongful death case, you must use evidence to show that the careless person owed your family member a duty of care, that their actions violated that duty, and those actions directly caused the death of your loved one.
Gathering the necessary evidence to prove wrongful death can be challenging. One of the benefits of hiring a Grainger County wrongful death attorney from Daniel, Daniel, & Newman is that your lawyer can collect and preserve the evidence needed to build a solid case before it can be lost or destroyed.
