This form is a sample personal injury complaint arising from incident in which decedent was shot multiple times by defendant.
Tennessee Complaint for Personal Injury and Wrongful Death due to Shooting / Violence
State:
Multi-State
Control #:
US-PI-0299
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint For Personal Injury And Wrongful Death Due To Shooting / Violence?
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FAQ
A police report is a critical document that insurance companies require when surviving family members pursue a wrongful death claim. It may contain valuable information related to the cause of the death (officer's opinion), witness statements, and other evidence.
In order, the family members who can file a wrongful death lawsuit in Tennessee are: A surviving spouse. Any surviving children, if there's no surviving spouse. Any surviving next-of-kin, if there's no surviving spouse or children.
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.?
If the decedent is married at the time of death, the spouse is entitled to all of the proceeds from the wrongful death suit. If the decedent was married with children, the money is divided equally between the surviving spouse and children with a caveat: the spouse is entitled to at least one-third of the recovery.
Assault, homicide, child sexual abuse, and sexual assault received the greatest amount of compensation funds in FY 2017, which parallels the data reported in FY 2016.
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.
A wrongful death claim must be filed by a person's closest living relative. In most cases, this is the deceased person's spouse, child, or parent. If there is no appropriate family member to file the claim, the personal representative or administrator of the deceased's estate can initiate the action.