Chattanooga Personal Injury Attorneys

How long do I have to file a wrongful death lawsuit in Georgia and Tennessee?

How long do I have to file a wrongful death lawsuit in Georgia and Tennessee?

Whether you recently lost a loved one and are wondering how long to file a wrongful death lawsuit in Georgia or Tennessee, you’ve come to the right place. The careless, intentional, or criminal act of a person or company caused your loved one’s death, Tennessee law allows you to file a wrongful death claim and seek compensation for your losses, as long as you do so within a specified period of time.

Proving Wrongful Death

If you can show that the negligent actions of a person or other entity led to the death of your loved one, the spouse, children, parents, and/or other dependents of the deceased may be entitled to financial compensation for funeral expenses, medical bills, lost support and services, lost companionship, and other damages. Specifically, you must prove that:

  • The defendant (the at-fault party) owed a duty to the deceased.
  • By acting or not acting, the defendant violated that duty.
  • That violation led to the death of your loved one.
  • As a result of that death, the surviving family members and dependents of the deceased suffered financial and other losses.

Statute of Limitations for Wrongful Death Claims in Georgia and Tennessee

The statute of limitations specifies How long to file a wrongful death lawsuit. In Georgia, you generally have two years from the date of your loved one’s death to file a wrongful death claim. On the other hand, in Tennessee, you generally have one year from the date of your loved one’s death to file a wrongful death claim. Under certain circumstances, though, the statute might pause or “toll” for varying lengths of time. If you miss the deadline, you could lose your opportunity to seek any compensation. An experienced attorney can make sure you file within the allowed time frame.

The Importance of Consulting a Wrongful Death Attorney

An experienced wrongful death lawyer can not only be sure that you observe that statue of limitations but also help you define how long to file a wrongful death lawsuit and assist with your claim by determining negligence, collecting the evidence, negotiating for you, and making sure you avoid common mistakes that could hurt your case.

Has Your Loved One Died Due to The Negligence of Others?

If your loved one died due to someone else’s negligence you need to speak to an experienced wrongful death attorney as soon as possible. Please contact us online or call our Chattanooga office directly at 423-892-5533 to schedule your free consultation. We proudly serve Tennessee residents throughout and Georgia residents including all of Catoosa, Dade, Walker, Whitfield and Fannin Counties and all points in between.

By |2022-04-06T17:02:42-04:00April 6th, 2022|General Info|Comments Off on How long do I have to file a wrongful death lawsuit in Georgia and Tennessee?
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Personal injury 

In almost all personal injury claims, insurance companies will offer you significantly less than what you deserve. It’s tempting to accept the first offer, especially if you are in a great deal of pain and unable to return to work. But if you’ve already taken a devalued settlement from the insurance company and your medical bills start to pile up, there’s little legal recourse to ask for more. That’s why it’s crucial to involve a Chattanooga personal injury lawyer before you even file a claim.

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Car Accidents

Chattanooga car accident lawyers Tricia Dennis and Lupton Winningham have recovered millions of dollars in Georgia and Tennessee for car and motor vehicle accident victims like you.  If you or a loved one has been injured and need help with your medical bills, then you have come to the right place.   Auto accident victims and their family members in East Tennessee and North Georgia can confidently rely on the experienced auto accident attorneys at Dennis & Winningham Law. We are the law firm that has compassionately, yet effectively, helped victims and their loved ones navigate the aftermath of difficult situations.

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Trucking Accidents

Truck accidents in the United States are on the rise. Recent statistics show that almost 150,000 people are injured in truck accidents each year, and 6,000 people are killed. The regional area of Georgia and Tennessee is a crossroads and a center for car manufacturing, river traffic, and other industries. Large trucks, semi-trucks, 18-wheelers, and other commercial vehicles are constantly on the road. This has a downside as frequent truck accidents occur on I-75, I-24, I-59, Highway 153, U.S. 27, Amnicola Highway, Corridor J, and other roadways. If you or a loved one has been injured in a Georgia or Tennessee truck accident, you may be eligible for substantial compensation.

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Motorcycle Accidents

Experienced Chattanooga motorcycle accident lawyers Tricia Dennis and Lupton Winningham are avid fans of motorcycles, but they also realize how serious motorcycle accidents can be. With over 75 years of combined experience, Dennis & Winningham Law Injury Law knows the legal process to achieve fair compensation for motorcycle crash victims. Contact one of our lawyers today to learn more about how to start your motorcycle accident claim.

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ATV Accidents

Under both Tennessee and Georgia law, ATVs are not authorized for use on paved road, but children continue to bring ATVs on to our roads and highways. Georgia and Tennessee laws also prohibit the carrying of passengers on most ATVs, require children below the age of 16 to take approved ATV training courses, and require kids younger than 16 to wear helmets, eye protection, and over-the-ankle boots when operating ATVs. However, these requirements apply only when ATVs are operated on public lands, leaving kids essentially without protection when riding ATVs on private property.

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Bicycle Accidents

The most tragic type of bicycle crash is a bike-car collision. Cyclists are completely defenseless traveling on 30-pound bikes when they’re surrounded by 3,000-pound cars and trucks racing by them. Pedestrians, defective bike parts, recalled bike helmets, and other ineffective bicycle safety equipment can also cause bicycle accidents. Bike accidents can result in wrongful death or serious injuries such as broken bones, amputation, traumatic brain injury, neck, back, and spinal cord injuries.

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Boating Accidents

One of three factors usually cause boat accidents: an inexperienced boater, an intoxicated operator, or a boat malfunction. More than a third of both fatal and non-fatal boat accidents are alcohol-related. It is estimated that boat operators with a blood alcohol content of .10 or higher are 10 times more likely to be injured or killed in a boat accident than sober operators.

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Nursing Home Abuse

No one ever expects a family member or friend to be the victim of abuse or neglect in a nursing home. However, abuse and neglect do occur every day and in many ways.

Dennis & Winningham Law are Chattanooga nursing home abuse attorneys who will fight to recover all that you and your loved one deserve. With our experience in nursing home negligence matters, we thoroughly and carefully assess each individual case. We prepare each case for either settlement or trial in order to obtain compensation for injury, medical expenses, and pain and suffering. We help victims and their families hold these facilities accountable.

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Premises Liability

Premises liability is a vital facet of personal injury law, placing responsibility on property owners for maintaining a safe environment. When accidents occur due to negligence or hazardous conditions on someone’s property, victims have the right to seek compensation. This encompasses incidents like slip and falls or inadequate security leading to assaults. Dennis & Winningham Law excel in handling these complex cases, tirelessly pursuing justice for our clients.

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During your initial strategy session, we will assist you in creating a strategy in how to best pursue your claim, whether it be the result of a car accident claim, 18 wheeler injury, or, other kind of personal injury claim.

There are 5 points to your free claim strategy session:

  • First, we will listen to your story. You will have a chance to tell everything to someone who wants to hear what happened to you.
  • Based on the information you provide, we will give you our best advice on both what claims you have and the next steps you should consider to go forward with your claim.
  • If you claim is something that we think we can help you with, we will explain the services that we can provide for you, and what the next steps are that we should take. We will start working immediately.
  • If your matter is something that we do not think we can help you with, then we will attempt to put you in contact with another lawyer that might be able to help you.
  • Either way, what should happen is we will put to rest some of the unknowns that you may be experiencing. We will start to shed light on what you can expect and how to best pursue the benefits you deserve.