Nashville Wrongful Death Attorneys

Losing a loved one is a painful experience, and it can be even more difficult if that family member’s death was preventable. When another party’s negligence or wrongful act plays a role in the death of your loved one, it’s important to know that you do not have to suffer through this tragic time alone. You may be able to take legal action to seek justice on behalf of the person you’ve lost and recover compensation for your family.

Wrongful death claims include fatalities that are a result of traffic accidents, medical malpractice, and premises liability. Individuals and businesses can be legally at fault for acting negligently and causing severe injury to another person.

By working with an experienced Nashville wrongful death attorney, you have caring legal support for your wrongful death case. We work tirelessly on your behalf to hold the liable party accountable for negligent actions. Contact us today to schedule a free consultation.

Successful Case Settlements

Our Nashville wrongful death attorneys have secured significant settlements for families who have lost loved ones due to negligence and wrongful acts. These results demonstrate our commitment to fighting for maximum compensation during the most difficult times in our clients’ lives.

Commercial Truck Fatality — $1,600,000

A disabled woman was tragically killed when struck by a commercial truck. Despite the victim being unemployed at the time of the incident, our legal team successfully argued for substantial compensation based on the loss of life and the impact on surviving family members.

Business Establishment Shooting — $1,350,000

A young person was shot and killed at a business establishment. Our attorneys held the responsible parties accountable for failing to provide adequate security, resulting in significant compensation for the family’s devastating loss.

Medical Malpractice — $1,250,000

After being hospitalized for chest pain and subsequently released, a woman suffered a massive fatal heart attack. Our wrongful death team proved that proper medical care could have prevented this tragedy, securing substantial damages for medical negligence.

Nightclub Fatality — $1,000,000

A young patron was killed at a nightclub due to inadequate security measures. Our attorneys successfully demonstrated the establishment’s liability in failing to protect patrons, resulting in a seven-figure settlement.

Pedestrian Crossing Accident — $860,000

When a homeless pedestrian was killed while attempting to cross a busy intersection, our team fought to ensure that every life has value, securing significant compensation despite challenges related to the victim’s circumstances.

Motorcycle Accident Involving Stolen Vehicle — $760,000

A motorcyclist lost his life due to a stolen rental car from a secured location. Our attorneys pursued multiple parties to ensure accountability and maximum recovery for this preventable tragedy.

Dental Procedure Death — $500,000

A disabled man died after being anesthetized for a tooth extraction. Our legal team proved that proper medical protocols were not followed, resulting in substantial compensation for this preventable medical death.

Surgical Complications Death — $500,000

An elderly patient with multiple health conditions died after coding during surgery. Our attorneys demonstrated that proper surgical care and monitoring could have prevented this outcome.

Tennessee’s Wrongful Death Laws

The purpose of a wrongful death lawsuit is to give the surviving family members the appropriate financial compensation for the loss of their loved one. If you are to recover damages in a wrongful death lawsuit, it must be proven that another’s negligence, carelessness, or wrongful act resulted in a person’s death.

The damages received from this type of lawsuit should put family members back into the same financial position they had before the deceased’s accident, as well as seek closure for the family.

In a wrongful death lawsuit, the negligent party is legally required to compensate for damages caused by another person’s loss, such as emotional trauma, lost companionship (spouse and children), and the loss of the relationship.

Wrongful Death Damages

Once liability in a wrongful death case is established, the damages awarded may include the following:

Loss of support and services

In wrongful death cases, the loss of support and services can have a considerable impact on the surviving family members. This refers to the financial and practical contributions the deceased person provided to their family.

Financial support encompasses the income the deceased would have earned had they lived, such as wages, bonuses, and benefits. This loss can significantly affect the family’s stability, especially if the deceased was the primary caregiver.

Services, on the other hand, relate to the everyday tasks and roles the deceased fulfilled, such as childcare, household management, and other domestic responsibilities. Their absence can lead to additional expenses for the family, as they may need to hire outside help to cover these duties.

Loss of companionship and protection

Loss of companionship and protection is a significant aspect of wrongful death claims. This type of damage refers to the emotional and relational void left by the deceased.

Companionship encompasses the love, care, and affection that the deceased provided, which are irreplaceable and deeply missed. The protection aspect relates to the sense of security and guidance the deceased offered.

Mental anguish and suffering

In the aftermath of a wrongful death, surviving family members often endure profound mental anguish and suffering. This distress is an inevitable consequence of losing a loved one, especially when the death is sudden and unexpected due to someone else’s negligent actions. The grieving process can be long and difficult, impacting the mental health of those left behind.

The law recognizes the emotional pain and suffering caused by a wrongful death, and it allows for compensation to be awarded to the surviving family members. This compensation is intended to provide some measure of solace and to acknowledge the emotional impact that the loss has had on their lives.

Loss of Parental Companionship, Instruction, and Guidance

The loss of parental companionship, guidance, and instruction covers the void left by the untimely death of a parent.

This type of damage addresses the emotional and developmental impact on surviving children who depended on their parents for love, nurturing, and support. 

Parental companionship includes the everyday presence, affection, and encouragement that a parent provides, fostering a sense of security and belonging in the child’s life.

Medical and funeral expenses

In wrongful death claims, medical and funeral expenses are significant considerations for surviving family members. It refers to the costs incurred for the deceased person’s medical treatment before their death. This can include hospital bills, medication costs, surgeries, and any other medical care that was necessary as a result of the accident or wrongful act. These expenses can accumulate rapidly, adding a financial burden to the emotional distress of losing a loved one.

Funeral expenses, on the other hand, cover the costs associated with the burial or cremation of the deceased. Funerals can be costly, and families often find themselves unprepared for these unexpected expenses.

Who Can File a Wrongful Death Lawsuit

These are the rules for filing a wrongful death lawsuit in Tennessee:

• A lawsuit for the death of a husband can be filed by the wife of the decedent, his executor, or the administrator of his estate.
• A lawsuit for the death of a wife can be filed by the husband of the decedent, her executor, or the administrator of her estate.
• If a person is single at the time of their death, a wrongful death claim can be filed by any adult child or by the parents of the decedent.
• If the decedent is a single minor, the parents can file a wrongful death claim. Special rules apply if the parents are divorced. A lawsuit can also be filed by an administrator.
• Siblings can file a lawsuit if the decedent did not have a spouse or children and if the parents are no longer alive. A lawsuit could also be filed by an executor or administrator.

An experienced wrongful death lawyer can go over any exceptions to these rules and help you decide the best course of action for your family situation.

Contact Us for a Free Consultation

When a loved one dies, the last thing in the world you are thinking about is your legal options. However, if your family member suffered and died due to the negligence of an individual, business, or manufacturer, the first stages of pursuing a wrongful death action are critical.  

Most wrongful death lawsuits are settled before trial. If any settlement offers are received, we can help you determine if the proposed settlement provides damages that are proportionate to the amount of your pain and anguish.

If an amount cannot be agreed upon, we negotiate for a higher settlement in your favor. If they still refuse to accept responsibility, we are not afraid to take them to court to get you the justice you deserve.

We have helped numerous families through the emotional challenges and complexities of a wrongful death claim process. Contact us for a free consultation.

Frequently Asked Questions

Who can file a wrongful death lawsuit in Tennessee?

Under Tennessee’s wrongful death laws, only certain family members can file a wrongful death lawsuit. This includes the surviving spouse, children, the deceased person’s parents, or the personal representative of the deceased’s estate. If successful, the lawsuit can help seek compensation for medical bills, lost wages, and other recoverable damages.

How long do I have to file a wrongful death claim in Nashville?

The statute of limitations for a wrongful death claim in Tennessee is generally one year from the date of the loved one’s death. However, exceptions may apply, depending on the case. Consulting an experienced personal injury attorney can help you evaluate your legal options and help you meet all deadlines.

What qualifies as a wrongful death in Tennessee?

A wrongful death occurs when someone’s life is taken due to someone else’s negligent or intentional actions. In Tennessee, a wrongful death claim may be filed if a negligent party or a wrongful act, such as medical malpractice, a car accident, or unsafe premises, caused a fatal accident.

Can I file a wrongful death lawsuit if there are criminal charges involved?

Even if the responsible party faces criminal charges, you may still pursue a wrongful death claim in civil court. Criminal cases focus on punishment, while civil cases focus on financial compensation for surviving family members. A Nashville wrongful death lawyer can evaluate your case to see if it fits the requirements for a lawsuit.