Nashville Wrongful Death Lawyer

Understanding Tennessee Wrongful Death Laws

Unfortunately, many accidents lead to fatalities. Deaths can result from serious car or truck accidents, dog bites, and even slips and falls. If your family member was killed as a result of someone else’s negligence, you are entitled to take legal action against the liable parties. These types of claims are known as “wrongful death” claims, and they typically seek to recover damages incurred by the surviving family members of the deceased. They also often seek to enforce punitive damages meant to punish the negligent parties that caused the fatal accident.

If your loved one was killed in an accident and you believe another person, company, or entity is at fault, contact our Nashville wrongful death attorneys to learn more about your legal options. At Jeff Roberts & Associates, PLLC, we understand how painful it is to learn that your family member’s death could have and should have been avoided. We are here to help you fight for the justice and fair recovery you are owed.

We offer completely free, no-obligation consultations. Contact us online or by phone at (615) 425-4400 to schedule a meeting with our team today.

What Is a “Wrongful” Death?

According to Tennessee law, a death is considered “wrongful” if it was directly or indirectly caused by an act of negligence. In other words, if a person is killed through no fault of their own, their death may be considered “wrongful.”

A death may be wrongful if it was caused by:

• A distracted, drunk, or otherwise negligent driver
• A truck driver that did not receive adequate training from the trucking company
• A dog attack in which the owner failed to properly restrain the dog
• A motorist who failed to yield the right-of-way to a pedestrian in a crosswalk
• Dangerous property conditions that could have or should have been fixed by the owner

These are just some examples of how negligence can lead to wrongful death. There are many other instances in which a death could be considered “wrongful.” It is important that you speak with a qualified wrongful death attorney in Nashville who can examine the unique circumstances involved in your case. Our team is here to answer your questions, address your concerns, and provide you with compassionate legal counsel throughout the process.

Common Causes of Wrongful Death in Middle Tennessee

While negligence can happen anywhere, our firm frequently investigates fatal incidents in specific high-risk areas of Nashville, including:

• Interstate Collisions: Commercial trucking fatalities on I-24, I-65, and I-40.

• Construction Zones: Workplace fatalities and scaffolding collapses in the booming downtown development corridor.

• Tourist Corridors: Pedestrian fatalities on Broadway and West End, often involving rideshare vehicles or impaired drivers.

Who Can File a Claim Under T.C.A. § 20-5-106?

In Tennessee, the right to file a wrongful death lawsuit is strictly defined by statute. We operate under Tennessee Code Annotated § 20-5-106, which establishes a specific legal hierarchy of who has “standing” to bring a claim on behalf of the deceased.

The statute prioritizes the right to file in the following order:

• The Surviving Spouse: The spouse has the primary and superior right to file the lawsuit.
• Surviving Children: If there is no surviving spouse, the right of action passes to the children.
• Next of Kin: If there is no spouse and no children, the right passes to the next of kin (typically parents or siblings).
• Personal Representative: The executor or administrator of the deceased’s estate may also maintain the action for the benefit of the surviving beneficiaries.

Why This Matters: If the wrong individual files the lawsuit, the case can be dismissed entirely due to a procedural defect. At Jeff Roberts & Associates, our first step is establishing proper legal standing to ensure your claim is valid from day one.

What Damages Are Recoverable? (The “Pecuniary Value” of Life)

Tennessee law focuses on the “pecuniary value” of the deceased’s life. This is a legal valuation that goes beyond simple lost wages. At Jeff Roberts & Associates, we can work with economists and actuaries to calculate:

Economic Damages: Lost future earning capacity, medical bills incurred before death, and funeral expenses.

Non-Economic Damages: Loss of consortium (companionship), pain and suffering endured by the deceased before death, and the loss of enjoyment of life.

Punitive Damages: In cases of extreme recklessness (such as drunk driving or gross negligence by a trucking company), the court may consider awarding additional damages to punish the wrongdoer.

How Long Do You Have to File? (Statute of Limitations)

The statute of limitations, or time you have to file a claim, for wrongful death in Tennessee is one year from the date of death. For this reason, it is vitally important that you act relatively quickly if you believe your family member’s death was caused by someone else’s negligence. If you are not sure if you have a wrongful death claim, our attorneys are happy to meet with you and discuss the details or your case. We have nearly 20 years of experience handling all types of personal injury and wrongful death claims, and we know the ins and outs of the law. Most of all, we are committed to helping you fight for the justice and recovery you and your family are owed.

Frequently Asked Questions About Tennessee Wrongful Death Claims

Does a criminal case affect my wrongful death lawsuit? Not necessarily. A wrongful death claim is a civil action, separate from any criminal charges filed by the District Attorney. Even if a driver is acquitted of vehicular homicide in criminal court, we can still win financial compensation in civil court because the “burden of proof” is lower.

Can I file if the deceased was a child or elderly person? Yes. Tennessee law protects the value of all life. For children, damages often focus on “loss of consortium” (parental relationship) and potential future earning capacity. For elderly victims, we focus on the loss of companionship and the pain and suffering caused by the negligence (such as in nursing home abuse cases).

Why do I need a Nashville wrongful death attorney specifically? Procedural errors can ruin a case. Tennessee has a strict one-year Statute of Limitations (T.C.A. § 28-3-104), and filing in the wrong court (e.g., Davidson County Circuit Court vs. General Sessions) can cause delays. We ensure your case is filed correctly and on time to protect your right to recovery.

Learn more when you call our Nashville wrongful death lawyers at (615) 425-4400. We can help you work to hold the negligent parties accountable for your loved one’s death.