"The precepts of law are these: to love honorably, to injure no other man, to render every man his due." Johnson, Scruggs, & Barfield
 

Wrongful Death

When someone is killed by the wrongful conduct, or gross negligence of another, it is called a wrongful death. These are the most tragic of cases. At Johnson, Scruggs and Barfield, we understand your suffering and grief. We want to help you through the legal aspects of lives greatest loss. When someone dies as a result of gross negligence, in incidents such as car accidents or motorcycle accidents, the law provides that their next of kin and their estate may act as plaintiffs to bring a civil action to recover economic and non-economic damages. This is true even if the deceased was partially at fault (comparatively at fault) in the events leading to the fatality.

The people who are considered next of kin include family members such as a husband, wife, domestic partner, children, parents, or siblings, in order of priority to a claim. If a parent dies, the surviving spouse / partner and children may all be plaintiffs, as well as any one else who was likely to receive support if the decedent had lived. A wrongful death plaintiff may recover:

  • Funeral and burial expenses,
  • Loss of income from the decedent,
  • Medical expenses prior to death,
  • Loss of household support,
  • Loss of child rearing support,
  • Loss of medical and retirement benefits and
  • Other economic losses sustained by the accidental death of a loved one
  • Non-economic damages such as mental anguish and suffering.

A surviving spouse or partner, having lost their life companion, also has a separate right to recover damages for the terrible injury to the couples relationship. This is called a loss of consortium. The surviving spouse / partners loss is recognized as a separate civil action and provides separate damages.

Act Promptly

There are time limits for you to act, called statutes of limitations, which require you to bring a lawsuit within a limited period or risk losing the right to seek a recovery. If you have any question, you should contact us by either clicking here for e-mail or call us at 615-352-8326 and ask for Patrick Johnson.