This form is a sample personal injury complaint alleging that the faulty installation of steps caused the injury and ultimate death of the plaintiff.
Tennessee Complaint for Negligence and Wrongful Death
State:
Multi-State
Control #:
US-PI-0185
Format:
Word;
Rich Text
Instant download
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How to fill out Complaint For Negligence And Wrongful Death?
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FAQ
The discovery rule allows the statute of limitations to be tolled until the date a cause of action is discovered. For example, if the true cause of death is fraudulently concealed, the statute of limitations is tolled until the true cause of death becomes known or reasonably should have become known.
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
Wrongful death claim is a claim against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute. In wrongful death cases, survivors are compensated for the harm and losses they've suffered after losing a loved one.
WHAT ARE THE LIMITS ON DAMAGES IN TENNESSEE WRONGFUL DEATH CASES? Wrongful death is considered a catastrophic injury, meaning the limit on non-economic damages is $1 million per person, if the decedent left minor children. Otherwise, the typical damage caps apply.
A wrongful death lawsuit must be filed within 1 year of the date of the person's death, although the time limit can be extended in narrow circumstances (Section 28-3-104). Generally, Tennessee allows only certain individuals to file a wrongful death lawsuit (Section 20-5-107):