Many people’s jobs require them to drive regularly, and therefore many employers provide people with company cars. As such, in many instances in which a person driving a company car causes an accident that injures another party, the injured party may not only pursue claims against the driver but also…
Articles Posted in Wrongful Death
Tennessee Court Discusses Sufficiency of Evidence in a Car Accident Case
Driving a car is generally safe but it is not without risks and being involved in a car accident can cause substantial injuries and, in some cases, death. Although many car accidents are caused by other drivers, unexpected hazards in the roadway can cause collisions as well. While many roadway…
Court Denies Unjust Enrichment Claim When Wrongful Death Proceeds Paid to Wrong Plaintiff
Tennessee law provides very clear instruction and directives on who may bring a wrongful death claim on behalf of a loved one. Generally, such claims are limited to spouses or children unless neither such relationship exists. While this may seem straightforward, complicated questions can arise when individuals are in estranged…
Tennessee Court Denies Additur in Wrongful Death Case
SONY DSC All individuals have the constitutional right to have a jury hear their claims. This means that a jury, in addition to a judge, will listen to the facts of the case and determine whether the defendant should be found liable for his or her actions, and what amount…
Tennessee Supreme Court Holds Negligent Husband Has Priority For Wrongful Death Claim
Under Tennessee’s wrongful death statute, when a loved one dies, there are certain family members who get priority to bring wrongful death lawsuits on the loved one’s behalf. Spouses have the primary right to bring such a claim, while children have a secondary right after spouses. Since Tennessee legislators did…
Tennessee Supreme Court Upholds Right of Uninvolved Parent to Recover Under Wrongful Death Statute
The Tennessee wrongful death statute permits the surviving spouse and surviving children of an individual who passes away to recover compensation on behalf of the deceased individual for injuries and pain and suffering that the deceased individual experienced prior to death. Wrongful death statutes often allow a surviving family member…
Tennessee Supreme Court Addresses Who Is Entitled to Wrongful Death Settlement
When a loved one dies as a result of another party’s negligence, certain heirs to the decedent have priority to bring a lawsuit on the decedent’s behalf. Under Tennessee law, the surviving spouse of someone who dies has first priority to bring a lawsuit. If a surviving spouse does not…
Tennessee Appeals Court Affirms Doctor Was Agent of Hospital
In negligence actions, many different defendants may be at issue in a case. There may be an individual who caused an injury, or a company that produced a product that led to an injury, or an owner of a property that had a dangerous condition leading to an injury. Circumstances…
Tennessee Court Considers Whether Gun Owners May Owe Duty To Protect Others From Using Their Guns
Gun ownership is an issue about which many Tennesseans feel passionately. While individuals may disagree about when and where individuals should be allowed to have guns, all agree that gun owners have a responsibility to use their guns safely. Recently, a case in the Tennessee Court of Appeals raised a…
Tennessee Supreme Court Clarifies Wrongful Death Statute
When an individual passes away due to another party’s negligence, the law provides that the decedent’s claim for damages should not simply disappear. Instead, two types of potential claims can be brought in response to the death. In some states, the decedent’s claim passes to immediate relatives like a spouse…