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Category Archives: Wrongful Death

LegalPI

How Tennessee Courts Apportion Settlements in Wrongful Death Claims

By Fox, Farley, Willis & Burnette |

When a loved one dies due to another’s negligence or wrongful act, the pain and grief can be overwhelming. While no amount of money can ever replace the loss, wrongful death claims in Tennessee allow surviving family members to seek financial compensation. A critical aspect of these claims is the division of any settlement… Read More »

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WD

Woman Dies from Eating at Disney Amusement Park Pub Despite Amusement Park Wait Staff Assurances of “Allergen-Free” Food; Disney Attempts to Bar Wrongful Death Lawsuit Due to Disney+ Subscription Arbitration Agreement

By Fox, Farley, Willis & Burnette |

Few things are more devastating than a family outing to a beloved, world-renowned amusement park ending in tragedy.. Unfortunately, this was the case for a couple who visited the Walt Disney World resort in Orlando, Florida. According to national news reports, CNN Business News, Jeffery Piccolo now seeks damages for the loss of his… Read More »

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DrunkDriving

Two Tennessee Women Killed in Alleged Drunk Driving Car Accident in Tennessee, Rights of Surviving Family Members under Tennessee Wrongful Death Laws Explained

By Fox, Farley, Willis & Burnette |

News of the death of two Nashville women due to the actions of an alleged drunk driver hit headlines last week and a community is mourning the loss of two lives gone too soon. According to local news reports, 24-year-old Natalie White and 25-year-old Holly Wagner were killed by an alleged drunk driver while… Read More »

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CarCrash2

Person Dies in Single Vehicle Ooltewah Crash

By Fox, Farley, Willis & Burnette |

Ooltewah, TN (September 22, 2020) The Hamilton County Sheriff’s Office reports that one person died in a single vehicle crash that occurred on Ooltewah-Georgetown road on the afternoon of September 22nd. The cause of the accident as well as the name of the motorist who was killed in the accident are still pending. The… Read More »

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WrongfulDeath4

TN Court Revives “Wandering Bull” Wrongful Death Lawsuit

By Fox, Farley, Willis & Burnette |

If you have lost a loved one in a car accident, you understandably want to hold any responsible parties accountable. But proving a wrongful death claim is a complex process that may require multiple stages of litigation. This is why it is critical to conduct a full investigation of the circumstances surrounding an accident… Read More »

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Court of Appeals Upholds $7M Wrongful Death Judgment in 2011 Murder Case

By Brad Burnette |

Personal injury claims normally involve negligent acts. That is to say, the defendant did not intend to injure the victim. Instead, the defendant was merely reckless or careless in performing some duty owed to the victim. But there are also personal injury lawsuits based on intentional or criminal misconduct. The fact that a defendant… Read More »

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WrongfulDeath2

Can a Spouse File a Wrongful Death Lawsuit If He Caused the Fatal Accident?

By Brad Burnette |

The law sometimes leads to unusual–even seemingly absurd–results. Last year, we discussed a Tennessee Court of Appeals decision that held the husband of a car accident victim could not bring a wrongful death claim for his wife’s death when he himself had been accused by the victim’s daughter of causing the accident. The Tennessee… Read More »

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TN Supreme Court Revives Wrongful Death Lawsuit

By Brad Burnette |

In May 2016 we discussed an unfortunate ruling by the Tennessee Court of Appeals, which overturned a jury verdict. The victim’s husband had initially filed his complaint against the defendants without the assistance of a qualified personal injury attorney. Although he later obtained counsel, it was not until after the one-year statute of limitations… Read More »

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Heat

Memphis Utility Faces Trial for Allowing Man to Die of Heatstroke

By Brad Burnette |

Wrongful death lawsuits are often associated with corporate or institutional malfeasance, such as manufacturing a dangerous or defective product. But under Tennessee law, a wrongful death claim may arise from any “wrongful act” or “omission” that leads to the victim’s demise. The act or omission itself need not have been intended to cause harm…. Read More »

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Is a Tennessee Municipality Liable for Failing to Respond to a Suicide Threat?

By Brad Burnette |

A Massachusetts judge recently issued a landmark decision holding a woman criminally responsible for sending a series of text messages that encouraged her boyfriend to commit suicide. The judge said the defendant’s “reckless and wanton conduct” directly led to the young man’s death. Defense lawyers unsuccessfully argued the deceased was suicidal well before he… Read More »

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