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Tennessee Wrongful Death Questions & Answers
1 Answer | Asked in Civil Rights and Wrongful Death for Tennessee on
Q: My son was found deceased and police not doing much about it and not contacting me he was murdered

His girlfriend shot him up with hotshot and left him for dead

James L. Arrasmith
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answered on Jun 21, 2024

I'm very sorry to hear about the loss of your son under such tragic circumstances. This must be an incredibly difficult and painful situation. Based on the information you've provided, here are some suggestions on potential next steps:

1. Contact the police department handling the...
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1 Answer | Asked in Wrongful Death for Tennessee on
Q: step by step what I need to do, I discovered my son's death that was ruled suicide was actually murdered instead

I recently discovered my son, who passed a year ago, did not commit suicide as determined as his cause of death. He was instead murdered and it was staged as a suicide.

Anthony M. Avery
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answered on Nov 28, 2024

You will need to hire a private investigator to search out and put together admissible proof of a crime. When he thinks he has enough evidence, then go to the DA. Keep quiet about your suspicions.

2 Answers | Asked in Arbitration / Mediation Law and Wrongful Death for Tennessee on
Q: What is the compensation in general for settlement ,non litigation fatal pedestrian crash.Non motorist fatally killed by

tow truck driver ,truck was employed with car on it.I would like a general monetary comparison.I wish to handle this with an adjuster for motorist insurance company .I want to put this nightmare behind me .zTo date I've received hospital billing at 1.6 milliin

Anthony M. Avery
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answered on Oct 23, 2024

Hire an attorney to represent you today. There are probably at least three different defendants, who each might have separate insurance policies. Fighting the hospital liens will be difficult.

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1 Answer | Asked in Medical Malpractice, Personal Injury and Wrongful Death for Tennessee on
Q: I believe there is a case for medical malpractice that led to the death of a family member. I would like a 2nd opinion.

We called an ambulance for our grandmother who was in severe pain, having breathing issues, and had not eaten in almost 3 days and the medical team that came to our home told us that her breathing was OK and her lack of eating wasn't anything to worry about at her age (87). She died a few... View More

Tim Akpinar
Tim Akpinar
answered on Oct 21, 2024

I'm very sorry for the loss of your grandmother. A Tennessee attorney could advise best, but your case remains open for a month. The best way to answer your question could be to reach out to Tennessee law firms to try to arrange a consult. Free initial/no-obligation consults are the norm in... View More

2 Answers | Asked in Wrongful Death for Tennessee on
Q: Rear end auto accident, at scene both parties declined EMS evaluation and left the scene.

1.5 hours later, the driver of the car in front died from a neck bleed that eventually cut off his airway and caused brain death. Is the other party liable for a wrongful death suit if the injured party had sufficient time to receive medical treatment?

Anthony M. Avery
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answered on Aug 9, 2024

Probable liability on the at fault driver. The lack of quick medical help might be considered in the comparative negligence equation.

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2 Answers | Asked in Car Accidents and Wrongful Death for Tennessee on
Q: My sister was killed in a car crash in Tennessee. (Wrongful Death) Can I sue along with my dad against the insurance?
Anthony M. Avery
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answered on Jul 11, 2023

Only a policy holder can sue his own insurance co. If the fatality was a 1 car accident, it could be very tough to make a claim against anyone. But an attorney should investigate it first. If another party is at fault without insurance, then you sue them and notify the carrier of UIM claims.... View More

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1 Answer | Asked in Car Accidents and Wrongful Death for Tennessee on
Q: What family members have right to sue for wrongful death in Tennessee?

My sister was killed in a car crash in Tennessee. The driver is being charged with vehicular and reckless homicide. My sister (33) did not have a spouse or children. So who can sue for wrongful death? Can it be my dad, myself and my other sister together? Or is just my dad?

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jul 10, 2023

I am very sorry for your loss. The statutory answer is in the below statute. I would suggest creating an estate and having the personal representative file any action. Beyond this Tennessee has a one-year statute of limitations. So be careful and don't let the time run on a claim.... View More

1 Answer | Asked in Personal Injury and Wrongful Death for Tennessee on
Q: If a car was borrowed to commit a First degree murder, can I sue the owner of the vehicle and or their car insurance

My son was murdered while pumping gas on the phone with me. The murderer shot my son in the neck from behind, then proceeded to shoot him 4 more times. Then get back in the car and left the scene in a car that she borrowed to do this

Anthony M. Avery
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answered on Jun 20, 2023

That would probably be a good Tort cause of action Wrongful Death (civil conspiracy). But the auto insurance may be the only recoverable monies. or the Policy may exclude criminal liability. Do not go beyond a year from the incident until you sue. There does not have to be a criminal... View More

1 Answer | Asked in Medical Malpractice and Wrongful Death for Tennessee on
Q: Would I have a case for malpractice?

My father was discharged on January 3rd from a hospital and was discharged in significant pain. On his discharge paperwork, it stated he had a benign growth in his pancreas. As far as I know, there was no test ever performed to determine if it was benign. He went back to the hospital on January... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 28, 2023

It may be malpractice. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Consult with experienced attorneys. Use Justia search to find an attorney....
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1 Answer | Asked in Wrongful Death for Tennessee on
Q: Does a Tennessee State Trooper have a duty to perform CPR at a traffic stop if the driver goes into cardiac arrest?

28 year old male was stopped by a Tennessee state trooper for a seat belt violation and someone was on the phone on speaker telling the officer the driver had a history of heart failure, and pleading with him to perform CPR immediately because he was gasping for air. He couldn't speak or... View More

Cameron Tousi
Cameron Tousi
answered on Feb 15, 2022

The scenario you are mentioning does suggests not only awful behavior by the policeman, but potential culpability. The police officer's culpability, which could be criminal or civil, with damages to the family for wrongful death, relies on whether the officer properly owed a duty of care to... View More

1 Answer | Asked in Wrongful Death for Tennessee on
Q: How do I find auto policy limits AND umbrella policy limits for an at fault driver in TENNESSEE
Anthony M. Avery
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answered on Feb 11, 2022

Normally you sue the Defendant. Sometimes the other side will disclose their insurance, but they do not have to. Hopefully they had insurance that covered the wreck, which you will quickly find out after service of the Complaint.

1 Answer | Asked in DUI / DWI and Wrongful Death for Tennessee on
Q: If you are a family member of the victim that was killed in a dui vehicular homicide and told the da you didn’t want to

Do a plea deal and they do it anyways does that violate victim rights

Anthony M. Avery
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answered on Dec 22, 2021

No, that is the State's Case. I am sorry for your loss...

1 Answer | Asked in Car Accidents and Wrongful Death for Tennessee on
Q: In car accident can a dead man’s estate be sued for wrongful death after they say he was at fault for crossing the line

Head on collision, country road with no center line markings. They decided he was at fault for “crossing the center line” but there are no lines on the road. Now the people in the other truck are suing his estate for wrongful death after the insurance already paid them the max amount. The... View More

Anthony M. Avery
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answered on Dec 14, 2021

Is someone defending against the Suit? If not, default judgment will occur. Who actually filed for Probate? If not the creditor, then it was a large mistake. The real property can be looked upon to satisfy such a claim. But if the Heirs own as Tenants In Common, then it will be more... View More

1 Answer | Asked in Criminal Law and Wrongful Death for Tennessee on
Q: can a person with any amount of meth in system be arrested and charged if they hit a pedestrian and pedestrian dies
Anthony M. Avery
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answered on May 13, 2021

There could be numerous criminal charges generated by such a scenario. If you know who the defendant is, tell him to not talk to anyone and hire a competent attorney immediately. An insurance company may need to be notified by your attorney.

1 Answer | Asked in Personal Injury and Wrongful Death for Tennessee on
Q: husband went to va to have clot removed out of Stent, now dead. Clot went to heart and killed him do I have case?

didn't remove clot put him on iv blood thinner and clot went to heart and killed him. He was 61 years old.

Tim Akpinar
Tim Akpinar
answered on Apr 22, 2021

A Tennessee attorney could advise best, but your post remains open for two weeks. I'm very sorry for the loss of your husband. The best way for you to get an answer to your question would be to reach out to attorneys who handle med mal/wrongful death cases. The question you ask calls for a... View More

1 Answer | Asked in Wrongful Death for Tennessee on
Q: I am currently trying to find out if a gun was taken in as evidence and if so the probability of having it returned

Short backstory: My significant other was shot and killed in july 2019. I was informed it was taken in for evidence even though it was not used or even pulled to my knowledge. I'm trying to figure out if it was in fact taken by the police or some one else. TIA

Anthony M. Avery
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answered on Apr 22, 2020

If there was a prosecution of an alleged murder suspect, then you can file a motion for its return in that Case. If no prosecution is involved, then you can start calling the Sheriff or Chief of Police whose department investigated the murder. Ultimately you can file suit against the seizing... View More

1 Answer | Asked in Wrongful Death for Tennessee on
Q: Is there anything that can be done after an heir signs off on an estate? My niece is an heir to a wrongful death suit.

The lawsuit was nondisclosure and her mother told her that the lawyer said everyone would lose all proceeds if she sues because no one is allowed to say what the amount is. She doesn't know what she is even entitled to, but it is much more than offered. She is 20 years old. She absolutely... View More

Anthony M. Avery
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answered on Nov 25, 2019

The Niece needs to hire an attorney. It is not your concern. She may or may not have received consideration, but I suspect you have no knowledge. I do not know who the Decedent was, but it is possible the Mother is entitled to a larger share than others, or an equal amount. It may even be a... View More

1 Answer | Asked in Wrongful Death for Tennessee on
Q: How do I get my portion of net proceeds from wrongful death suit when my parent refuses to pay me my rightful 1/3 share?

She filed lawsuit in only her name. She told me I was entitled to nothing and if I retain a lawyer, that I might get judgment, but her attorney implied that I may not be able to collect it and judgment means nothing. She first said I am entitled to nothing, then offered a small amount, then it... View More

Anthony M. Avery
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answered on Nov 20, 2019

Why did you set on your rights when you knew the Suit was going on? If Mother is an Executrix then there must be a probated Will, which may have excluded you. Check at Probate. If no Will then the Next of Kin should have been beneficiaries, and preferably Party Plaintiffs. Immediately hire... View More

1 Answer | Asked in Criminal Law, Adoption, Probate and Wrongful Death for Tennessee on
Q: What is the distance that Tennessee will extradition

I'm living in Florida and I now have a probation warranty in Tennessee

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Jun 9, 2019

I had a guy picked up in Philadelphia, PA by Tennessee Dectectives, because he did not serve his 48 hours for 1st time DUI. He was flown to Tennessee and put in jail.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Wrongful Death for Tennessee on
Q: can grand jury presentments be appealed or taken out of a county's initial jurisdiction if certain bias can be proven?

If the general public has reason and proof to believe that district attorney's offices/ law enforcement are being biased in their presentment of a case to a grand jury for indictment, what can be done?

Anthony M. Avery
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answered on May 21, 2019

Possibly nothing. But after Indictment the Defendant must defend against the charge. Improper Grand Jury proceedings might be argued at Pre Trial, Motion for New Trial or on Appeal. Without a clear Federal or State Constitutional violation that causes prejudice, no actionable error will arise.... View More

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