Tennessee Wrongful Death Questions & Answers

Q: 2 girls attacked me and another girl was beating me with a bat. I was wondering can I sue them. And trying to see how.

2 Answers | Asked in Wrongful Death for Tennessee on
Answered on Aug 20, 2018
Bennett James Wills' answer
Can you sue? Yes. Can you win? That's the more difficult question. There are time limits from when you can file a lawsuit for assault/battery. Plus the facts of each case are different. Consult an attorney to determine your options.

Q: My stepmom has filed a wrongful death suit due to my late fathers Mesothelioma. One as adminis,and one just in her name?

1 Answer | Asked in Wrongful Death for Tennessee on
Answered on Jun 22, 2018
Robert D. Kreisman's answer
There's nothing wrong with a spouse suing for his/her loss of companionship in a wrongful death case and also bringing the lawsuit in the name of the estate of the deceased (as administrator or executor) for the benefit of the heirs of the decedent, which would include the spouse and the children of the deceased.

Q: My brother committed suicide in August 2017 after his wife demanded a divorce. She knew of his past suicide attempts.

2 Answers | Asked in Wrongful Death for Tennessee on
Answered on May 1, 2018
Marjorie A Bristol's answer
What is your question? If your question is do you have a cause of action against her, then the answer is no. She has the right to choose to divorce someone. I am so sorry about your brother. A love one's suicide is so hard. Mental illness was the cause of your brother's suicide, not your sister-in-law's request for a divorce.

Q: Could I sue my stepmom for not giving me anything or not coming up with my saving bonds?

1 Answer | Asked in Estate Planning, Probate, Small Claims and Wrongful Death for Tennessee on
Answered on Dec 29, 2017
Marjorie A Bristol's answer
You should consult a probate attorney. If your father left a will, you would have been entitled to notice of probate. If he didn't leave a will, you are entitled to a portion of his estate.

Q: My daughter was diagnosed with RP at 8 and lost her vision. But continued on like a Boss.

1 Answer | Asked in Medical Malpractice and Wrongful Death for Tennessee on
Answered on Dec 7, 2017
Peter N. Munsing's answer
Generally they wouldn't do the tests because the treatment would likely be the same. However to give yourself closure --and as I may be wrong--contact members of the Tennessee Assn for Justice--they give free consultations. A grief counselor may help you process your natural but very heavy feelings.

Q: If a person commited suicide in TN( left a suicide note and requested no autopsy), can one be performed anyway?

1 Answer | Asked in Criminal Law, Probate and Wrongful Death for Tennessee on
Answered on Aug 24, 2017
Peter N. Munsing's answer
I believe so if the Medical Examiner/coroner or police believe they need one.

Q: Can a person make a promise on behalf of someone else?

1 Answer | Asked in Personal Injury and Wrongful Death for Tennessee on
Answered on Aug 17, 2017
Mr. James Charles Wright's answer
Releases of liability generally enforceable to protect from liability for negligence. The release would not be valid to protect from intentional acts of the business or its employees. You are right to weigh carefully whether to sign a release.

Q: Is the one year statute of limitations still in effect in Tennessee? If so, is there another legal avenue?

1 Answer | Asked in Civil Litigation and Wrongful Death for Tennessee on
Answered on Jun 9, 2017
Peter N. Munsing's answer
Unfortunately, you are past the statute of limitations. Even if you weren't I don't know that you would have a case, as there is a difference between moral and legal responsibility. For your own peace of mind contact a local attorney who handles police misconduct cases--find them through this website or look for a member of the Tennessee Assn for Justice

Q: my father was incarcerated in tn. they did not get him any medical help until it was to late and he died.

1 Answer | Asked in Wrongful Death for Tennessee on
Answered on Mar 7, 2017
Peter N. Munsing's answer
You'd want to contact the Tennessee Civil Liberties Union prison project, and find out the names of their "cooperating attorneys." They usually give free consults.

Q: Can the adult children of a consortium damages award to the wife claim any part of it in the settlement?

1 Answer | Asked in Wrongful Death for Tennessee on
Answered on Feb 1, 2017
Peter N. Munsing's answer
Depends on their relationship to the decedent, and the law in Tennessee regarding their status. Suggest you contact a member of the Tennessee Assn for Justice--they give free consultations.

Q: My mother fell on an amtrak train developed cellulitis and died 4 1/2 months later can I sue amtrak

1 Answer | Asked in Personal Injury and Wrongful Death for Tennessee on
Answered on Sep 28, 2016
Peter N. Munsing's answer
The fall would be tough as there is caselaw saying that jerking stop and start motions are part of train (and bus) riding. The cellulitis can happen from many causes once you have a cut. I don't see it but it would certainly make sense in a death case for you to contact an attorney who is a member of the Association for Justice in the state where your mom lived or took the train from, to see what they suggest..Association members give free consultations.

Q: Soon-to-be ex had my 9yr old dog put to sleep at the vet without my knowledge or permission. Can I sue her?

1 Answer | Asked in Animal / Dog Law and Wrongful Death for Tennessee on
Answered on Sep 3, 2016
Peter N. Munsing's answer
None of the above. If the dog went to the vet and was put to sleep I assume the vet had a reason. They aren't in the business of euthanizing dogs. She had equal right to the dog, so I don't see a suit. Even if you could bring one the law views loss of a pet as loss of the economic/market value of a pet of that breed or mix, of that age and health. So you'd get maybe $100. No you don't get to claim loss of pet companionship. Check with a Tennessee Lawyer or your divorce lawyer but that's the...

Q: Can I sue animal control? Or is there something I can do at all??

1 Answer | Asked in Animal / Dog Law and Wrongful Death for Tennessee on
Answered on Sep 2, 2016
Peter N. Munsing's answer
Technically they may have violated the law by taking property--even if they claimed it was due to emergency circumstances.

Suggest you see if there is an animal rights lawyer in yor state you can speak with. Groups dealing with animal protection issues would be the best source. Ideally, if you have a vet record for the dog not too long before this happened, and it shows the dogs weight was about what it was when she was taken, that would protect you from accusations of not feeding.

Q: Does the Claims Commissioner of the State of Tennessee have the right to ask a claimant "Who is preparing legal document

1 Answer | Asked in Wrongful Death for Tennessee on
Answered on Jul 7, 2011
Christopher Gilreath's answer
The first thing to keep in mind is that the attorney general does not represent you, and are not in a position to give you legal advice. If your mother requests your help, you are certainly within your rights to assist her with understanding and completing legal documents. In Tennessee, a person can serve as a power of attorney, also sometimes called "attorney in fact". The person giving you power of attorney must be considered competent to make their own decisions, for the appointment to be...

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