Tennessee Wrongful Death Attorney
Wrongful death in Tennessee occurs when your family member is killed by the negligence or recklessness of another person or business. Robert Kurtz is an experienced wrongful death attorney in Knoxville, Tennessee. Families of those killed by another’s negligence or reckless conduct can recover damages for lost income, loss of companionship or consortium, pain and suffering, and emotional distress.
The most important aspect of a wrongful death case is preparing the case for trial. Investigating the circumstances of the incident, interviewing witnesses and gathering evidence are crucial steps in properly preparing a case for trial. An experienced wrongful death lawyer will not rush your case to settlement, but will investigate every aspect of your case to achieve the best possible outcome. Robert Kurtz will prepare the case for trial and be sensitive to your loss.
The Tennessee wrongful death statute is found at T.C.A. § 20-
(a) The right of action which a person, who dies from injuries received from another,
or whose death is caused by the wrongful act, omission, or killing by another, would
have had against the wrongdoer, in case death had not ensued, shall not abate or
be extinguished by the person's death but shall pass to the person's surviving spouse
and, in case there is no surviving spouse, to the person's children or next of kin;
or to the person's personal representative, for the benefit of the person's surviving
spouse or next of kin; or to the person's natural parents or parent or next of kin
if at the time of death decedent was in the custody of the natural parents or parent
and had not been legally surrendered or abandoned by them pursuant to any court order
removing such person from the custody of such parents or parent; otherwise to the
person's legally adoptive parents or parent, or to the administrator for the use
and benefit of the adoptive parents or parent; the funds recovered in either case
to be free from the claims of creditors.
(b) In any case involving a beneficiary who is a minor or who is legally incompetent, if the court finds it is in the best interest of such beneficiary, the court in its discretion may authorize all or any portion of the funds recovered for such beneficiary to be added to any trust or trusts established for the benefit of such beneficiary, wherever situated, whether such trust was created by the person whose death was caused by the wrongful action or omission or by any other person. The funds recovered shall be for the benefit of such beneficiary and shall be free from the claims of creditors.
(c) For purposes of this section, "person" includes a fetus which was viable at the time of injury. A fetus shall be considered viable if it had achieved a stage of development wherein it could reasonably be expected to be capable of living outside the uterus.
An experienced wrongful death lawyer will tirelessly pursue compensation from the responsible parties to pay for the tremendous loss you and your family have suffered. I pledge to:
1. Start Immediately – If the investigation into the facts of your case is not started immediately, valuable evidence and witness statements can be permanently destroyed or lost. An attorney experienced in wrongful death litigation will immediately begin preparing the case for trial.
2. Maximize your results – The only way to achieve a positive outcome in your case is for an experienced wrongful death attorney to prepare your case for trial as though it is his only case. Only then can the full value of your case be realized. A skilled lawyer will demand that you and your family be compensated for the death of your family member.
Personal Service –By preparing your case for trial thoroughly, we can assure that all of your questions are answered and you can be certain that every possible lead was followed, every explanation was investigated and all relevant facts were prepared.