Dealing with the death of a loved one can be one of the most emotionally and financially challenging times of a person’s life. Adding the uncertainty of a potential wrongful death lawsuit can further complicate an already difficult situation. One of the most frequently asked questions by families who have lost a loved one due to the wrongful act of another is, how long will it take to resolve the claim? In this article, we will be discussing the timeline of a wrongful death claim in Tennessee.
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What is a Wrongful Death Claim?
A wrongful death claim is a civil action that can be filed by the surviving family members of an individual who has died as a result of another person or entity’s negligent, reckless, or intentional act. Wrongful death claims are typically filed to seek compensation for damages such as medical expenses, funeral and burial costs, lost income, mental anguish, and loss of companionship.
Statute of Limitations
The first thing to consider when filing a wrongful death claim in Tennessee is the statute of limitations. A statute of limitations is a law that sets a time limit on the right to bring a lawsuit. The statute of limitations for wrongful death claims in Tennessee is one year from the date of the death. If a claim is not filed within this time frame, it will most likely be barred from being filed.
The Investigation Process
Once a wrongful death claim has been filed, an investigation will be conducted to establish the cause of the death and to determine who was at fault. This process can take time as experts may need to be consulted, and evidence may need to be gathered. The investigation process can take anywhere from a few weeks to several months.
Filing the Lawsuit
If a settlement cannot be reached during negotiations with the responsible party’s insurance company, a lawsuit may be filed. The length of time it takes to file a lawsuit will depend on the complexity of the case, how many parties are involved, and how quickly the necessary evidence can be gathered. However, it typically takes several months to file a lawsuit.
Pretrial Process
After a lawsuit has been filed, both parties will engage in pretrial processes such as discovery, where both sides exchange information regarding the case. Depositions will take place during the discovery phase, where witnesses and parties involved in the case will be questioned. This phase can take several months to complete.
Mediation and Negotiation Process
Before going to trial, both parties may choose to engage in a settlement process. Mediation and negotiation are two of the most common processes used to reach a settlement. Mediation involves a third-party mediator who works with both parties to come to an agreement. Negotiation is a process where both parties and their legal representatives discuss possible settlement options. This phase can take anywhere from a few weeks to several months, depending on how quickly both parties can come to an agreement.
Trial
If a settlement cannot be reached through mediation or negotiation, the case may proceed to trial. The trial process can take several months to a year or more before a verdict is reached.
Conclusion
The timeline of a wrongful death claim in Tennessee will vary from case to case. Several factors will impact how long the proceedings take, including the complexity of the case, the parties involved, and how long it takes to gather evidence. It is essential to work with an experienced attorney who can guide you through the process and ensure that the proceedings are handled as efficiently as possible. If you have lost a loved one due to the negligence of another, do not hesitate to seek legal advice and file a wrongful death claim within the statute of limitations.