Changes are inevitable in the lives of Knoxville residents. While some change is good, however, other changes can be very negative and can have a drastic impact on the lives of Tennessee residents and their families.
When car accidents occur, for example, the number one concern is the health and well-being of those involved in the crash. A person's condition can change rapidly in the days, weeks and even years after a serious injury is suffered in a car accident. These changes can leave individuals with questions about how to proceed in a personal injury lawsuit.
For example, it is not uncommon for a person to suffer serious injury in an accident, only to later die of those injuries. A Knoxville woman recently provided an unfortunate example of this, as she suffered injuries in a two-vehicle crash that occurred when her vehicle was rear ended by another driver. The woman died in the hospital three days after the accident.
Typically, if someone dies from his or her injuries suffered in a car accident, it does not mean the personal injury action against the other driver ceases to exist. Rather, family members may be able to bring a lawsuit under a wrongful death cause of action. Many of the same factors and circumstances will be present in this lawsuit as if it had been brought as a personal injury lawsuit by the person, had that person lived.
However, there are some differences between the actions. For instance, a deceased person's family may also have a claim based on the loss of their family member, such as a claim for the person's lost wages. The damages may also be different between the two actions, as the person's death may bring about a need to recover higher damages than if the person had lived and was able to recover from the injuries.
Source: WATE, "Knoxville woman dies 3 days after Roane County crash," Nov. 10, 2014