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Wrongful Death Attorneys in Knoxville, Tennessee
The loss of a family member is always a painful and life-altering experience. When that loss occurs because of someone else’s negligence, it can be even more difficult to accept and understand.
In addition to the deep emotional grief, families are often left facing unexpected financial challenges—such as funeral and burial costs, lost income and support, and other related expenses.
If your loved one’s death was caused by another party’s carelessness or wrongdoing, you may have the right to pursue a wrongful death claim to help ease the financial burdens of your loss. At Wykoff & Sikes, our compassionate wrongful death attorneys in Knoxville, Tennessee, are here to guide and support you through this difficult time. We proudly serve families across Knoxville and the surrounding communities, including Chattanooga, Johnson City, Sevierville, and Crossville.
Protect Your Peace of Mind
What Constitutes Wrongful Death in Tennessee?
Under Tennessee law, a wrongful death occurs when an individual’s life is taken due to another person’s negligence, intentional act, wrongful conduct, or failure to act. In essence, a wrongful death claim arises when the deceased would have had grounds to pursue a personal injury lawsuit had they survived.
Tennessee law also places strict limits on when such claims can be filed. The statute of limitations for wrongful death cases is one year from the date of death. This means that if a lawsuit is not filed within that one-year period, surviving family members may permanently lose their right to seek compensation for their loss.
Who Can File a Wrongful Death Claim in Tennessee?
As all other states do, Tennessee limits the beneficiaries of wrongful death lawsuits. The surviving spouse of the deceased has the primary right to file a lawsuit and pursue compensation. However, if the decedent was not married or their spouse is not alive, the following parties are eligible to file a lawsuit in this particular order:
- The surviving children, if any.
- The next of kin.
- The personal representative of the estate.
- The deceased’s surviving parents.
The official website of the Tennessee Administrative Office of the Courts defines the term “personal representative” as a person serving as an executor or administrator of the decedent’s estate. Even if the lawsuit is filed by the personal representative, the damages awarded would be distributed to the deceased person’s family members.
What Needs to Be Proven to Constitute Wrongful Death?
Tennessee law establishes clear requirements for pursuing a wrongful death claim. To recover damages, the plaintiff — the individual or party filing the lawsuit — must prove four key elements:
1. Duty of Care
The plaintiff must first show that the defendant (the person or entity being sued) owed a duty of care to the deceased. For instance, in a fatal car accident, every driver has a duty to operate their vehicle safely and responsibly to avoid harming others.
2. Breach of Duty
After establishing that a duty of care existed, it must be proven that the defendant breached that duty. Examples of a breach might include driving under the influence, texting while driving, or engaging in other reckless behavior that endangers others.
3. Causation
The next step is to demonstrate a direct link between the defendant’s breach of duty and the victim’s death. In other words, the plaintiff must prove that the wrongful or negligent act directly caused the fatal outcome.
4. Damages
Finally, the plaintiff must show that the death resulted in measurable damages. These may include financial losses such as lost income or support, as well as emotional and non-economic damages like loss of companionship, mental anguish, and funeral or burial expenses.
At Wykoff & Sikes, our experienced wrongful death attorneys in Knoxville, Tennessee, understand the emotional and legal challenges families face after a tragic loss. We are committed to guiding you through the complexities of your case, holding negligent parties accountable, and helping you pursue the full compensation you and your family deserve.
Damages Available
If you win a wrongful death lawsuit, the court will order the defendant to pay compensation to the deceased person’s survivors in the form of “damages.” The damages that may be available to surviving family members in wrongful death cases depend on the facts of the case, but may include the following:
- funeral and burial costs
- medical bills
- loss of income
- loss of support
- loss of guidance
- loss of society and companionship
- mental anguish
- punitive damages (in cases where it can be shown that the defendant acted intentionally, maliciously, recklessly, or fraudulently)
With more than 50 years of combined legal experience, our team at Wykoff & Sikes, PLLC, can help you navigate the legal process when filing a wrongful death claim to ensure that you receive an adequate settlement and proper resolution of your case to get the much-needed sense of justice. Get in touch today to schedule a free case evaluation with our team.
Wrongful Death Attorneys in Knoxville, Tennessee
If you choose to fight for justice and pursue compensation after your loved one’s death, our attorneys at Wykoff & Sikes, PLLC, are here to help you through this difficult time. Our wrongful death attorneys in Knoxville, Tennessee, strive to provide clients with the utmost care and compassionate counsel. We are here to support you.
Attorney at Law
Wayne Wykoff
Wayne focuses his practice in the areas of social security disability and domestic law (including divorce, child custody, child support). Wayne was admitted to the practice of law in 1993 and his practice continually in east Tennessee since that time achieving good and just result for his clients on a regular basis. Wayne enjoys mediating and is a rule 31 listed family mediator in Tennessee. Wayne can give you value as a mediator whether you are negotiating retirement accounts and other complex financial issues or dealing with the much more important issues of who will raise the children and under what circumstances.
Wayne graduated from East Tennessee State University in 1980 with a degree in computer science and graduated from the University Tennessee law school in December 1992. Wayne was admitted to the Tennessee bar in April 1993 and was admitted to the federal courts in the Eastern District of Tennessee in 1993 also.
Wayne was born and raised in Johnson City, but has called Knoxville his home for the last 25+ years. Wayne enjoys his family consisting of his wife and 2 boys and playing tennis and golf on a regular basis.