AREAS OF PRACTICE
Wrongful Death Lawyers
The death of a loved one is always tragic, especially when it is caused by the actions of another. At Whitfield Coleman Montoya, we represent the families of those individuals killed as a result of the negligence of others.
If your loved one died due to injuries sustained in an accident caused by another party, such as a car accident, medical malpractice, nursing home negligence, a workplace accident, or an accident involving a defective product, you may be eligible for compensation.
To learn more about your legal rights and options, schedule a free legal consultation. Our wrongful death attorneys are ready to help you seek justice and closure.
Who Can File A Wrongful Death Lawsuit?
A fatal personal injury case is referred to as a “wrongful death” lawsuit.
A wrongful death lawsuit arises out of the personal injury claim the deceased victim could have filed against the defendant if they survived their injuries. If the victim passes away, the family of the victim may be able to file a wrongful death lawsuit. Typically, wrongful death lawsuits are filed by the spouse, children, or parents of the deceased.
If you have questions about whether or not your loved one’s death may qualify for a lawsuit, Whitfield Coleman Montoya can review the details of your case for free. If you work with us, our wrongful death lawyers can guide you and your family through each stage of litigation.
Common Examples of Wrongful Death Lawsuits
In 2020, traffic fatalities in Tennessee were at an all-time high.
If your loved one was killed by a negligent driver in an automobile accident, you may be able to file a wrongful death lawsuit. Some examples of negligent driving include driving while intoxicated, reckless driving, and distracted driving.
If a doctor or another medical provider acted negligently and caused your loved one harm which resulted in their untimely death, you may be able to file a wrongful death claim. Examples of medical malpractice include failure to properly diagnose a patient’s medical condition, surgical errors, medication errors, and anesthesiology mistakes.
Medical bills, funeral and burial costs, and lost wages are a few types of damages you may be entitled to in a medical malpractice lawsuit.
Nursing Home Negligence
Nursing home negligence is a type of elder abuse perpetrated by an individual or entity entrusted with the care of an elderly person, like a nursing home or assisted living facility. Placing your loved one in a nursing home is a difficult decision, and you should not have to worry about the safety of your loved one.
Unfortunately, abuse or neglect that results in the death of an elderly resident in a nursing home does occur. Our firm is expertly equipped to take on negligent actors and advocate for the rights of you and your family.
If your loved one was killed due to a defective product, you may have a product liability claim against the manufacturer.
Examples of defective product cases include defective medical devices, vehicles, or airbags. Lawsuits brought against manufacturers are incredibly complex and involve a specific understanding of the law pertaining to defective products. At Whitfield Coleman Montoya, our attorneys are ready, willing, and able to see you and your family through the process of holding negligent manufacturers accountable for your losses.
What Are My Legal Rights After the Death of a Loved One?
The aftermath of a deadly accident is enormously stressful. If you and your family are dealing with the tragic death of a loved one due to the negligence of another, you may be entitled to financial compensation to pay for funeral and burial costs, medical bills, and lost wages your loved one may have earned had they lived.
When Should I Hire A Wrongful Death Attorney?
You should contact an attorney about your case as soon as possible. A timely investigation is essential to a successful case, as evidence may vanish over time or witnesses may forget what happened. In Tennessee, wrongful death lawsuits must also typically be filed within one year of a loved one’s death.
Should I File A Wrongful Death Lawsuit?
In addition to the emotional devastation you may suffer from after a loved one’s death, you may also experience considerable financial stress, particularly if the deceased supported you financially. While a wrongful death lawsuit cannot bring back a spouse, parent, or child, it may help alleviate your financial burdens during an already difficult time.
Clients who file wrongful death lawsuits may receive a settlement offer from the negligent party’s insurance company. If the insurance company refuses to settle or offers a low amount you feel is unfair, you may take the case to trial and fight for a favorable jury verdict. That is why finding the right attorney is key. Our skilled personal injury attorneys will work with you to determine whether a wrongful death suit is the right course of action for you.
Each case is unique, and having the right attorney can help maximize the compensation you recover. Whitfield Coleman Montoya has secured more than $1 billion in compensation for our clients.
How Long Will My Wrongful Death Case Take to Resolve?
Every case is different. While some cases can be resolved within months, many cases take years before a settlement is reached. This time may be longer if the case goes to trial. Rest assured that our attorneys at Whitfield Coleman Montoya work diligently to resolve matters in the most efficient manner possible. Your best interests are our top priority.
What About the Insurance Company?
If the family of someone who was killed does not hire an attorney, they run the risk of not being able to recover the maximum amount of compensation that may be available to them under the law.
At Whitfield Coleman Montoya, we handle correspondence and negotiations with the insurance company for you. This allows you to grieve and spend time with your family in peace. While the insurance company is concerned with minimizing its economic losses, our only concern is you.
We understand that the legal system can be complex and challenging—that is why we are here to help. You will not find a better set of advocates in Tennessee, Kentucky, Mississippi or Georgia.
Why Hire Whitfield Coleman Montoya?
We care about your family because your loss matters and you deserve closure. We understand that a lawsuit is probably the last thing on your mind; however, finding expert legal help is critical. Our compassionate wrongful death attorneys will handle the legal aspects of your loss while you focus on your family’s emotional wellbeing.
You can count on Whitfield Coleman Montoya to conduct a thorough and extensive investigation into your case and counsel you on the best way to proceed. As the personal injury arm of Milberg Law Firm—a nationally leading law firm that has recovered over $50 billion for clients—we have access to unparalleled resources to help you seek justice.
Schedule a free legal consultation today. There are no upfront legal costs to work with us and our services are free unless you win.
In Tennessee State, wrongful death litigation can be complex, and there is a limit to the amount of time you can wait to file a wrongful death lawsuit.
Contact the experienced attorneys at Whitfield Coleman Montoya for a free case evaluation today. We will help you seek justice and maximum compensation for the wrongful death of your loved one.
800 S. Gay Street
Knoxville, TN 37929
518 Monroe St.
Nashville, TN 37208
19 N. Main St.
Madisonville, KY 42431
1000 Highland Colony Pkwy
Ridgeland, MS 39157
201 Alhambra Circle, Suite 1100
Coral Gables, FL 33134