Perhaps the most important service our Chattanooga wrongful death lawyer can perform for you in the aftermath of your loved one's tragic death is to help you determine if you have a viable legal claim. Mr. Thornbury will sit down with you, discuss your case and offer you advice derived from his decades of experience.
The first step is simply determining if you have the right to file a claim. Tennessee law places certain restrictions on who is able to file a wrongful death suit, and it's important to know as soon as possible whether you fall under one of the appropriate categories.
Here are the individuals who can file a wrongful death claim and the circumstances under which they can do it:
- If the loved one who recently died was married, then the surviving spouse can file a claim
- Similarly, the deceased's executor or the administrator of his or her estate can file a suit
- If the deceased was not married, his or her adult children can file a wrongful death claim
- If there are no children, the deceased's parents can file a wrongful death suit
- Finally, if the deceased was single and there are no surviving parents, then a sibling can file a claim
The division of any award in a wrongful death suit is usually determined in accordance with the deceased's will. In the event there is no will, the award is usually divided between the deceased's beneficiaries – for example, a surviving spouse and children.
Of course, the laws here can get complicated, and it's best not to try and figure all of this out yourself. Arrange a free consultation with Mr. Thornbury so he can talk you through your options and ensure you have all necessary information.
If you need an experienced wrongful death lawyer in the Chattanooga, Tennessee area, please call Herbert Thornbury, Attorney at Law today, at 423-443-3973, for a free consultation.