Marshall County, home of the Tennessee Walking Horse Breeders’ and Exhibitors’ Association, is also the site of the annual festival “Goats, Music and More.” Its county seat is Lewisburg. Giles County and its county seat, Pulaski, is home to the major gospel event “Diana Singing.” If a loved one is killed in Marshall County due to the actions of another, a wrongful death lawyer can evaluate your case to determine whether you can recover compensation. Matt Hardin represents clients in Marshall and Giles Counties who have been hurt or killed due to car wrecks, truck wrecks, motorcycle wrecks, medical malpractice, and other types of personal injury.
The death of a loved one can be both emotionally and financially challenging for his or her survivors. Who has the first chance to recover? In general, the surviving spouse has the priority to pursue a wrongful death claim. Typically, the spouse must be legally competent and not in the midst of a divorce from the deceased. When there is no surviving spouse, the children of the decedent are able to bring a wrongful death suit. Their guardian can bring the suit if they are minors. If the decedent is a child, or unmarried and childless, the parents can file a wrongful death action.
If someone dies without a will under facts that give rise to a wrongful death claim, the most qualified individual will be appointed to be the administrator of the deceased’s estate. That person can bring the suit in the name of the estate. However, it is important to be aware that only one wrongful death suit can proceed. The court gives the most weight to the priority of the claimants according to statute.
The person with priority is also the person who is permitted to choose a personal injury lawyer in Marshall County to bring the claim, but that person does not have a say over who has the right to damages. When a decedent is married with kids, the surviving spouse and kids must split the damages recovered. However, the spouse will receive at least one-third of the recovery, whether there is one surviving child or five.
Compensation can account for both objective, or economic, and subjective, or non-economic, types of harm. Some of the damages that can be recovered include past and future medical expenses, future lost wages, lost earning capacity, funeral costs, loss of companionship, conscious pain and suffering, and more. Even if the deceased person is a homemaker, it still may be possible to recover for the value of the homemaker’s tasks in the event of that person’s death.
If your loved one passed away because of intentional or reckless misconduct, you may also seek punitive damages, and a Marshall County personal injury attorney can help. These damages have two purposes: to punish the wrongdoer and to deter similar conduct by others. For injuries and deaths that happen after October 1, 2011, damages for loss of consortium are limited to $750,000 unless the deceased person had a minor child, in which case the cap is $1 million.
Serving clients in the Pulaski area, car crash attorney Matt Hardin pursues recovery from all defendants responsible for your loved one’s death. He understands how difficult it can be to move on after a spouse, child, or parent dies. Let him focus on the legal issues as you cope with your loss in peace, knowing that an experienced attorney is working to pursue compensation. Schedule a free consultation with him by calling 615-200-1111 or by sending a message through our online form. We serve clients throughout Marshall and Giles Counties.