Losing a loved one due to the negligence or misconduct of another person or entity can be devastating. Fortunately, wrongful death laws are in place in Tennessee to hold accountable those responsible for such a tragedy. However, many families may be apprehensive about pursuing a wrongful death claim due to concerns about the cost. In this article, we will explore the costs associated with filing a wrongful death claim in Tennessee and provide guidance for those seeking justice for their loved one.
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Understanding Wrongful Death Claims
A wrongful death claim is a lawsuit filed by the survivors of a person who has died as a result of the negligent, reckless, or intentional actions of another party. In Tennessee, a wrongful death claim may be filed by the surviving spouse, children, or parents of the deceased, or by the administrator of the decedent’s estate.
Legal Fees
One of the biggest concerns families have when considering a wrongful death claim is the associated legal fees. Many people believe that hiring an attorney to represent them in a wrongful death case will be prohibitively expensive, but this is not necessarily the case.
Most attorneys who handle wrongful death claims work on a contingency fee basis, which means that they do not charge any upfront legal fees. Instead, they take a percentage of the compensation awarded to the plaintiff if the case is successful. This percentage typically ranges from 33% to 40%, depending on the complexity of the case and the amount of work required.
It is important to note that if the case is unsuccessful, the plaintiff will not owe any legal fees to the attorney. However, the plaintiff may still be responsible for other costs associated with the case, such as court fees and expert witness fees.
Court Fees
There are several court fees associated with filing a wrongful death claim in Tennessee. The filing fee for a wrongful death lawsuit in Tennessee is $418.00. This fee must be paid at the time of filing and is non-refundable.
Additionally, there may be other court fees associated with the case, such as fees for issuing subpoenas, requesting transcripts, or filing motions. These fees can vary depending on the court and the specific circumstances of the case.
Expert Witness Fees
Expert witness fees can be a significant cost associated with filing a wrongful death claim in Tennessee. In order to prove negligence or misconduct on the part of the defendant, expert witnesses may need to be hired to provide testimony and analyses of evidence.
Expert witness fees can range from a few hundred dollars to tens of thousands of dollars, depending on the specialty of the expert and the amount of work required. In some cases, the plaintiff’s attorney may be able to negotiate a lower fee, or the court may limit the amount the expert can charge.
Other Costs
There may be other costs associated with filing a wrongful death claim in Tennessee, such as the cost of obtaining medical records or hiring a private investigator. Additionally, if the case goes to trial, there may be additional costs for jury selection, court reporters, and other expenses.
Conclusion
If you are considering filing a wrongful death claim in Tennessee, it is important to understand the associated costs. While legal fees and court fees can be significant, many attorneys work on a contingency fee basis and will only collect a percentage of the compensation awarded if the case is successful. Expert witness fees and other costs can also add up, but these expenses may be necessary to ensure a successful outcome.
If you have questions about the cost of filing a wrongful death claim in Tennessee, it is recommended that you consult with an experienced wrongful death attorney. They can provide guidance and advice tailored to your specific situation and help you determine the best course of action for pursuing justice for your loved one.