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Wrongful Death FAQ (Frequently Asked Questions)

Chattanooga Wrongful Death Lawyer

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If a loved one has suffered a wrongful death due to the neglect of others, contact Johnny L. Woodruff, a Chattanooga wrongful death lawyer. Johnny L. Woodruff has served the needs of Chattanooga's residents for the past ten years and has the experience needed to assist you in your time of need. Click here to receive a free consultation from our firm.

What is a wrongful death claim?

A wrongful death lawsuit claims that an individual has been killed due to the negligence on the part of the defendant, and that surviving dependents are entitled to damages as a result of the defendant's actions.

The rules and regulations regarding wrongful death cases vary from state to state; However, a wrongful death claim generally consists of four elements:

  • A death resulted from the defendant's actions
  • The defendant acted negligently or was liable in whole or in part
  • There is a surviving spouse, children, or other dependents
  • The victim's death has resulted in monetary damages

Who can file a wrongful death claim?

Rules vary from state to state; However, in most cases, immediate family (such as spouses, children, and parents) can pursue a wrongful death claim. Individuals under the age of 18 may be required to have a "guardian ad litem" to represent their interests in court. Some states may also extend rights to grandparents, legal dependants, or other members of the victim's extended family. Contact our firm for more information.

When may I file a wrongful death lawsuit?

The rules regarding when a wrongful death lawsuit may be filed vary from state to state. In most cases, the time frame extends from one to three years after the victim's death. If you intend to file a claim against the federal government, however, the time frame may be shorter. If you believe that you may need the assistance of an experienced Chattanooga wrongful death lawyer, contact our firm today for a free consultation.

What types of damanges may be obtained from a wrongful death lawsuit?

While rules vary from state to state, generally speaking, the following types of damages may be obtained by pursuing a wrongful death claim:

  • Medical and funeral expenses
  • Loss of the victim's anticipated future earnings
  • Loss of victim's benefits (such as pensions, medical coverage, etc...)
  • Loss of inheritance
  • Pain and suffering that have occurred due to the victim's loss
  • Loss of care, protection, and companionship to survivors
  • General damages
  • Punitive damages