Author: Charles Syler

Wrongful Death: Time Limitations

Tennessee Wrongful Death Lawyers.
In Tennessee, the “statute of limitations” in most claims involving personal injury and death is one year from the date the claim accrued. Some exceptions do exist under the law in certain circumstances.

For instance, the abovementioned time period may be extended for the claimant or claimants, including those who are minors or otherwise incompetent. Additionally, in some limited instances, such as when a medical professional conceals the incident of malpractice, victims that did not know, and could not have known of the malpractice until sometime after the incident can sometimes be allotted additional time under the law to file a lawsuit. The foregoing exceptions are fact sensitive and require the analysis of a qualified attorney to determine if they are applicable.

If you believe that your family holds a wrongful death claim, you should always seek the advice of an attorney without delay. In certain cases, there may also be other deadlines within the first year that may also impact the case. For example, claims against government entities may require that the entity or entities be put on “notice” much earlier than the statute of limitations period. Also, since expert and legal analysis must be done prior to filing a lawsuit, you should not wait until the statute of limitations period is nearing its end because the attorney may not have enough time to complete his or her review prior to its expiration.

There is another very important reason to contact an attorney right away. Memories of the event or events in question tend to fade in witnesses, potential witnesses may later be unavailable because they have moved, become incapacitated, etc.

If you believe you have a wrongful death claim, contact us today. We can help you gather evidence, understand the law, complete necessary paperwork, and build a convincing case. We offer free initial consultations and work on a contingent fee basis, which means that there is never a fee unless we successfully resolve your case.

Contacting us will also help alleviate some of the stress you may be experiencing.

Wrongful Death: Who is eligible to sue?

A “wrongful death” claim is allowed when a person is killed due to the negligence of another individual, company or entity. Who is eligible to file a wrongful death suit? An action for wrongful death in Tennessee belongs to the spouse and children of the deceased

Additionally, other family members – such as stepparents, grandparents, and dependents, may also be permitted to file suit in some situations. If the victim is a minor, the state may require only a parent or an adult guardian to bring a lawsuit. Our attorneys represent families involved in wrongful death cases occasioned by the negligence, carelessness, and recklessness of others.

We are experienced with wrongful death losses and we can explain all of the intricacies of the law. If you or someone you love is eligible to file a wrongful death claim, contact us today, to learn more.

Workers Compensation

Workers’ Compensation is a benefit that is provided by most employers in Tennessee. If you have suffered an injury that arose out of and in the course of their employment we can help. Work related injuries typically covered by workers’ compensation include:

• Neck, back, and knee injuries
• Carpal tunnel-repetitive trauma injuries
• Hearing problems
• Work-related emotional problems
• Work-induced heart attack or stroke
• Occupational diseases such as asbestosis and dermatitis
• Disfigurement and scarring of face, neck or hands
• Asthma or other work related pulmonary conditions
• Loss of use of limbs
• Eye injuries
  When you are hurt while performing your duties as a covered employee there is are special laws that govern from whom and how much you can recover. This differs from other types of injuries. We can assist you in working through this complicated area of law in order to receive compensation from all possible sources. The issues that arise most often in these matters are:
• Whether you were an employee at the time of the injury?
• Was the injury received while you were on the job?
• Was there an injury?
• What benefits are you entitled to?
• Was the injury permanent?
• Are you entitled to an impairment rating.
  Workers’ compensation or “workers comp” claims in Tennessee are governed by the Tennessee Workers’ Compensation Commission. For a free step-by-step booklet discussing Workers’ Compensation Claims in Tennessee, please click here. To find out if your employer carries workers’ compensation insurance coverage as provided by the Tennessee Workers’ Compensation Act, please click here.