Losing a loved one because of someone else’s careless or reckless actions is one of the hardest things a family can experience. The emotional pain and financial losses can be overwhelming, especially when the death could have been prevented. Families deserve answers, accountability, and compensation for the unimaginable losses they have suffered.
Cummings Law Car Accident & Personal Injury Lawyers helps families throughout Middle Tennessee file wrongful death claims and hold negligent parties responsible. Our Nashville wrongful death lawyer has decades of experience fighting for families during these challenging times.
We work with compassion and care to seek justice for victims of fatal accidents, medical malpractice, and other wrongful actions that lead to loss of life.
A wrongful death occurs when the negligence, recklessness, or intentional act of another causes a person’s death.
Under Tenn. Code Ann. § 20-5-106 to § 20-5-113, surviving family members or a personal representative can bring a civil lawsuit to recover damages for the loss of a loved one. This legal action helps families receive financial compensation for medical expenses, funeral costs, and emotional losses.
A wrongful death claim is a civil action that seeks monetary damages for the losses suffered by the family. A criminal case, such as homicide or manslaughter, is handled by the state and focuses on punishment through criminal charges.
Both types of lawsuits can happen at the same time, but the civil case focuses on financial justice and accountability.
The main goal of a wrongful death lawsuit is to hold the responsible party accountable for their actions and to help the family recover from financial and emotional harm.
It provides loved ones with a way to seek fair compensation and a sense of justice for what was taken from them. This type of lawsuit also reminds others to act with care and avoid similar tragedies.
Tennessee law decides who has the legal right to bring a wrongful death claim after a loss. Only certain people can file the lawsuit, depending on their relationship to the deceased person.
Under Tenn. Code Ann. § 20-5-107, the right to file a claim generally goes to:
These rules ensure that close family members or representatives handle the claim on behalf of everyone affected by the death.
When there are multiple heirs, Tennessee law divides the compensation among them according to their legal relationship to the deceased.
In these cases, the court may decide how to distribute the funds fairly. An experienced Nashville wrongful death lawyer can help prevent family disputes and make sure every party receives their rightful share.
Wrongful deaths can happen in many situations where someone fails to follow the law or act safely. Each case is unique, but they often share one thing in common: a preventable act of negligence.
Car accidents and truck accidents are major causes of wrongful death in Tennessee. These crashes often involve drunk drivers, distracted drivers, or those speeding in violation of Tenn. Code Ann. § 55-8-136, which requires drivers to exercise due care. Families may recover damages for medical expenses, funeral costs, and loss of income.
Motorcycle accidents and pedestrian accidents often lead to catastrophic injuries or death due to the lack of protection for victims. Negligent drivers who fail to yield or drive recklessly can be held legally accountable. In many cases, accident reconstruction specialists are used to prove how the crash occurred.
Medical malpractice happens when a medical professional fails to meet the accepted standard of care. This includes surgical errors, misdiagnosis, or substandard care that leads to death. Under Tenn. Code Ann. § 29-26-115, healthcare providers may be held liable for negligence that causes a patient’s wrongful death.
Construction accidents, employer negligence, and unsafe working conditions can all result in fatal workplace accidents. Surviving family members may bring a wrongful death claim in addition to any workers’ compensation benefits. Employers and third parties can both be held responsible when their negligence leads to loss of life.
Under Tenn. Code Ann. § 29-28-101 et seq., manufacturers and sellers can be held accountable for deaths caused by defective or dangerous products. This includes product liability claims involving faulty car parts, machinery, or defective medical devices. Families can file lawsuits when a product’s defect directly causes a fatal accident.
Elderly residents in nursing homes rely on caregivers for safety and comfort. Neglect or abuse that causes a resident’s death may form the basis of a wrongful death action. Families have the right to hold the facility or its employees accountable for failing to provide the proper level of care.
Families can recover compensation for both financial and emotional losses caused by the wrongful death of a loved one. Tennessee law allows several types of damages depending on the case.
Economic damages are meant to help families recover financially and cover out-of-pocket losses.
These damages recognize the emotional pain and deep personal loss suffered after the death of a loved one.
Under Tenn. Code Ann. § 29-39-104, punitive damages may be awarded when the negligent party acted recklessly or with deliberate disregard for others’ safety. These damages are intended to punish wrongful conduct and deter similar conduct in the future. They also help families feel that justice has been served after an avoidable tragedy.
There are strict deadlines for filing a wrongful death lawsuit in Tennessee, known as the statute of limitations. Missing these deadlines can cause your claim to be dismissed completely.
Under Tenn. Code Ann. § 28-3-104, a wrongful death claim must generally be filed within one year from the date of death. This short time limit underscores the importance of speaking with a wrongful death lawyer as soon as possible. Filing early also helps preserve important evidence that supports your case.
Some situations may extend the filing deadline, such as when the death was caused by medical malpractice or when the responsible party is unknown. The court may also allow more time if there was fraud or concealment of facts. A knowledgeable attorney can determine if your case qualifies for an exception under Tennessee law.
Wrongful death settlements provide families with financial relief while avoiding a long court trial. Each settlement is based on the case facts and the level of negligence involved.
Settlement funds are distributed to eligible family members in accordance with Tennessee law. The court ensures that the amount of damages is divided fairly among those entitled to recover. A wrongful death attorney helps guide families through this process with compassion and care.
Some families choose structured settlements, which provide payments over time rather than a single lump sum. This option can help cover long-term expenses, such as education or daily living costs. Structured payments also give families stability during an uncertain period.
In some cases, the parties may agree to keep settlement terms private. Confidential settlements protect the family's privacy while still allowing them to receive fair compensation. This is common when hospitals, large companies, or insurance providers are involved.
The surviving spouse, children, parents, or the estate's personal representative can file, depending on the situation.
You generally have one year from the date of death, though some exceptions may apply.
You may recover funeral expenses, loss of income, pain and suffering, and emotional losses.
A wrongful death claim is separate from criminal charges and focuses on financial compensation for the family.
Our law firm works on a contingency fee basis, meaning you pay nothing unless we win your case.
Cummings Law Car Accident & Personal Injury Lawyers understands how painful it is to lose someone because of another person’s negligence. Our experienced Nashville Wrongful Death Lawyers handle each case with care and respect, guiding families through this difficult time with compassion.
We help families across Middle Tennessee pursue fair settlements and maximum compensation for their losses. From dealing with insurance adjusters to preparing for a civil trial, our attorneys manage every step of the legal process.
Contact us today for a free consultation and let us fight for the justice and financial security your family deserves under Tennessee law.
Cummings Law Car Accident & Personal Injury Lawyers Address: 4235 Hillsboro Pike #300, Nashville, TN 37215
