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Understanding the basics of a wrongful death lawsuit

Tragedy can hit at any moment—dividing the time spent with and without your cherished loved one. The shock of an unexpected death is always difficult to manage, especially when it could have been prevented. Continuing with everyday life is extremely hard when multiple emotions get tangled up in the present truth of your loss.

Wrongful death lawsuits exist to advocate for grieving loved ones seeking justice for an untimely death due to the carelessness of another person or property owner. The key to petitioning justice in a wrongful death lawsuit is proving irrefutable negligence or harmful intent as the cause of death.

How wrongful deaths occur

A wrongful death may occur for a variety of reasons. The deceased may have been targeted in a murder (intent to harm), been the victim of medical malpractice, exposed to harmful chemicals or involved in a fatal car crash to name a few. Another example is when a person dies while drowning at a supervised pool. These are all instances where family members and loved ones may choose to contact a wrongful death lawyer.

Suing for financial damages

The law sets forth the expectation that any damages sought by survivors be “fair and just compensation”. This means that families are prevented from exploiting a death for unreasonable gain and prevented from not receiving a rightful amount in return.

There are many types of damages to sue for, but the main type is pecuniary, also known as “financial damages”. Pecuniary damages relate to the how the death impacted those who may have relied on the person for financial support and more. For example, a family that lost their father as the main provider, is eligible to seek pecuniary damages for the living wages they depended on and parenting role that was lost.

Support for well-deserved justice

Since each situation is different revolving around the death of a loved one and how to go about the wrongful death process, it is important to seek wise legal counsel. Sound legal advice can help address the unique circumstances and raise to light all the compensation possibilities you may be entitled for in court.

Although legal action will never bring your loved one back, it is satisfying to know you have support in acquiring justice for the harm that was caused. The healing process is a journey, but the legal process is available to assist in taking rightful action as a response to your loss.

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Stapleton Law Office

225 South Depot Street
Rogersville, TN 37857

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