Death Cases

December 16, 2011

I Think My Brother Killed Our Mother. Can I Sue Him?

I think my brother killed our mother. She was living alone in the family home and was found murdered. Because of a history of trouble between our mother and my brother, both my sister and I think he killed her. Can we sue him?

Under Tennessee law, your brother could be sued for wrongful death even if he has not yet been charged, tried, or convicted of the crime of murder. Murder in criminal law would be “battery” under the civil law, and a civil law suit for battery can be filed even if the criminal charges have not been filed. Damages that can be sought for battery include compensatory damages and punitive damages.

In fact, under Tennessee law a person can be found innocent of murder in a criminal case and still be successfully sued for battery arising out of the same incident. Why? Because in a civil wrongful death case the person bringing the lawsuit must only prove the that the defendant killed the decedent by a preponderance of evidence (that is, more likely than not). In a criminal case the State must prove beyond a reasonable doubt that the defendant murdered the decedent. Thus, the criminal court jury could conclude that the State did not prove what it needed to send the defendant to prison but the civil court jury could conclude that more likely than not the defendant killed the decedent and award damages.

December 5, 2011

Can I Bring A Wrongful Death Lawsuit on Behalf of My Deceased Brother?

by The Law Offices of John Day, P.C.

My 22 year-old brother died in a car accident in Clarksville, Tennessee after being hit by a drunk driver. Do I have a right to sue for his death?

Here is the answer under Tennessee wrongful death law:

If your brother was married his wife would have the primary right to bring suit for her husband’s wrongful death.

October 31, 2011

Can I Sue a Murderer?

by The Law Offices of John Day, P.C.

My brother killed our mother. My brother and I are her only children. Can I sue him?

Under Tennessee law someone has the right to sue your brother and it might be you. The act of murder under the criminal law is known as "battery" in the civil law. One who commits an act of battery must pay damages for the harm he or she causes.

Your father would have the right to file suit assuming he is still alive and was married to your mother at the time of her death.

October 20, 2011

My Neighbor Killed My Dog!

by The Law Offices of John Day, P.C.

My neighbor and I have been fighting about my dog for years. My dog stayed in my yard, but it barked a lot because the kids in the neighborhood would torment it.

Anyway, I woke up this morning and my dog was dead. I looked in his dog bowl and there was some substance mixed in with the food. I took it to my vet and she said that the substance was rat poison and that my dog ate it and bleed to death internally.

I asked my neighbor about it and he just laughed. I went to the hardware store in town and the lady that owns it said my neighbor was in there two days ago and bought some rat poison.

August 30, 2011

Division of Money Won in A Wrongful Death Settlement in Tennessee

by The Law Offices of John Day, P.C.

Who receives the damages recovered in a successful wrongful death lawsuit in Tennessee?

Generally speaking, damages for the personal injury claim (the claim that arises from the period of time between the injury and the death) are distributed under the will of the decedent and, if there is no will, under the law of intestate succession.

Funeral expenses are re-paid to the person who paid the funeral bills.

August 29, 2011

Tennessee Wrongful Death Lawsuits

by The Law Offices of John Day, P.C.

Who has the right to file a wrongful death lawsuit in Tennessee?

Generally speaking, these are the rules for who may file a wrongful death lawsuit inTennessee:

A lawsuit for the death of a husband can be filed by his wife, his executor or the administrator of his estate.
A lawsuit for the death of a wife can be filed by her husband, her executor, or the administrator of her estate.
If a person is single at the time of his or her death, the lawsuit can be maintained by his or her adult children or, if there are no adult children, by his or her parents. The lawsuit can also be filed by an executor or administrator.
If a person is a single minor at the time of death, the lawsuit can be maintained by his or her parents. If the parents are divorced, special rules apply. The lawsuit can also be filed by an administrator.
If the decedent did not leave a spouse or child and was predeceased by his or her parents, the law permits a sibling to file suit. The lawsuit can also be filed by an executor or administrator.
There are exceptions to these general rules. An experienced wrongful death lawyer can explain whether an exception is applicable if he or she is advised of the nature of the family situation.

August 23, 2011

How Much Time Do I Have To File A Lawsuit After The Death of My Wife In A Car Wreck?

by The Law Offices of John Day, P.C.

My wife was hurt in a car wreck in Middle Tennessee on June 21, 2011 and died in the hospital two days later. What is my deadline for filing a lawsuit against the driver who caused the wreck?

Unless a lawyer familiar with all of the facts advises you to the contrary, you should assume that you must file suit a lawsuit against the responsible parties before the one-year anniversary of the wreck.

In some states the date of death triggers the start of the time period to take legal action. That is usually not so in Tennessee. Thus, to be safe work under the assumption that the one-year period starts to run from the date of the original injury that later resulted in death.

April 2, 2011

Deadline For Bringing A Wrongful Death Lawsuit in Tennessee

by The Law Offices of John Day, P.C.

My husband was hurt in a car wreck in Tennessee on November 19, 2010 and died in the hospital on December 21, 2010. What is my deadline for filing a lawsuit against the driver who caused the wreck?

Unless a lawyer familiar with all of the facts advises you to the contrary, you should assume that you must file suit a lawsuit against the responsible parties before the one-year anniversary of the wreck.

In some states the date of death triggers the start of the time period to take legal action. That is usually not so in Tennessee. Thus, to be safe work under the assumption that the one-year period starts to run from the date of the original injury that later resulted in death.

March 25, 2011

Is An Executor Required to File A Wrongful Death Lawsuit in Tennessee?

by The Law Offices of John Day, P.C.

My 25 year old brother from Lebanon, Tennessee was killed in a car wreck in Tennessee. Some people have said that an estate must be opened and that an executor or administrator has to be appointed by the court in able to file a wrongful death lawsuit. Is that true?

Not necessarily, but it may be required depending on other facts that you have not shared with me.

Generally speaking, these are the rules for who may file a wrongful death lawsuit in Tennessee:

February 10, 2011

Are Insurance Companies Afraid To Go To Trial In Personal Injury Cases?

by The Law Offices of John Day, P.C.

I am thinking about filing a personal injury case. I think I have a solid case that the insurance company will be afraid to try in front of a jury. Are insurance companies afraid to try cases?

Not really. For the typical insurance company, the analysis is all about money.

In other words, insurance companies evaluate risk. At the end of the day, they determine whether they will likely win a case or lose a case. They look at how much a jury might award, how much a jury is likely to award, and how little a jury might award. They have lots of statistics from which to make this judgment, and they often have very good lawyers help them evaluate a case.