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Nashville Wrongful Death Lawyer

Losing a loved one is an unimaginable tragedy, one that leaves a void that can never truly be filled. The pain of this loss is only compounded when the death is the result of someone else’s negligent, reckless, or intentional actions. This is known as a “wrongful death” in legal terms.

If your family has suffered a wrongful death, you may be entitled to seek compensation for the financial and emotional burdens you now face. At The Higgins Firm, our wrongful death attorneys are here to guide you through this difficult time and fight for the justice your loved one deserves.

What Constitutes a Wrongful Death?

A wrongful death occurs when someone’s negligent or wrongful conduct directly causes another person’s death. This can arise from a wide range of circumstances, such as:

In these situations, the responsible party may be an individual, a business, or even a public entity. It’s important to note that not every unexpected or injury-related death qualifies as a wrongful death under the law. An experienced wrongful death attorney can help you determine if your loved one’s passing meets the legal criteria.

Who Can File a Wrongful Death Claim in Tennessee?

Under Tennessee law (Code Section 20-5-106), certain surviving family members are allowed to file a wrongful death lawsuit seeking compensation. The priority order is as follows:

  • Surviving spouse
  • Surviving children or next of kin
  • Personal representative of the deceased’s estate, on behalf of the surviving spouse or next of kin
  • Natural parents, if the deceased was a minor or in their legal custody
  • Adoptive parents, if the deceased was a minor or in their legal custody

In some cases, if there are no surviving spouses, children, or parents, other relatives may be permitted to bring the claim. A knowledgeable Nashville wrongful death lawyer can advise you on your eligibility to file suit.

Damages Sought in Wrongful Death Claims

The unexpected loss of a loved one often leaves families facing significant financial hardships on top of their grief. A wrongful death claim seeks to recover compensation for these economic and non-economic damages, which may include:

  • Loss of the deceased’s income and financial support
  • Funeral and burial expenses
  • Medical costs related to the deceased’s final illness or injury
  • Emotional pain and suffering of the surviving family
  • Loss of the deceased’s care, companionship, and household services

While no amount of money can ever replace your loved one, securing fair compensation can help ease the financial burdens you face in the wake of your loss.

Why You Need a Wrongful Death Attorney

Wrongful death cases are often complex, costly, and emotionally charged. They require extensive evidence gathering, witness testimony, and legal expertise to build a strong case. Many law firms lack the resources or experience to handle these challenging cases effectively.

At The Higgins Firm, our wrongful death division is led by Attorney Jim Higgins, a seasoned litigator with a track record of success in catastrophic injury and wrongful death cases. As a member of the Million Dollar Advocates Forum, an elite group of trial lawyers who have won million and multi-million dollar verdicts and settlements, Jim has the knowledge and tenacity to take on even the most complex cases.

Our legal team understands the immense toll a wrongful death takes on a family. We offer compassionate guidance and tireless advocacy every step of the way. From investigating the circumstances of your loved one’s death to negotiating with insurance companies and presenting your case in court, we’re here to fight for your rights and interests.

Seeking Justice for Your Loved One

No legal action can undo the tragedy your family has suffered. But pursuing a wrongful death claim can help you secure the financial resources you need to move forward and find a sense of closure and justice. It also holds the responsible parties accountable for their actions and may help prevent similar tragedies in the future.

If you believe your loved one’s death was the result of someone else’s negligence or wrongdoing, don’t hesitate to reach out to our experienced Tennessee wrongful death attorneys. We offer free consultations to discuss your case and answer any questions you may have. With offices in Nashville, Chattanooga, Knoxville, and Memphis, we serve clients throughout the Southeast.

Contact us online or call us to schedule your consultation today. Let us fight for the justice your loved one deserves.

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FAQs

You Have Questions. We Have Answers.

Who can file a wrongful death lawsuit in Tennessee?

In Tennessee, the right to file a wrongful death lawsuit typically belongs to the deceased person’s spouse, children, parents, or the personal representative of the deceased’s estate.

What damages can be recovered in a wrongful death case?

Recoverable damages may include medical expenses prior to death, funeral and burial costs, lost wages and benefits, loss of companionship, and pain and suffering of the deceased before death.

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

In most cases, you have one year from the date of death to file a wrongful death lawsuit in Tennessee. It’s crucial to act quickly to preserve your legal rights.

What constitutes wrongful death in Tennessee?

A wrongful death occurs when someone dies due to the negligent, reckless, or intentional actions of another party. This can include car accidents, medical malpractice, workplace accidents, and more.

How is compensation distributed in a wrongful death case?

Compensation is typically distributed according to Tennessee’s laws of intestate succession, unless the deceased left a will specifying otherwise.

Can I file a wrongful death lawsuit if the deceased never held a job?

Yes. Economic damages are just one part of a wrongful death claim. You may still be able to recover damages for loss of companionship, guidance, and other non-economic factors.

What if the person responsible for the death faces criminal charges?

A wrongful death lawsuit is a civil action and can proceed regardless of any criminal charges. The burden of proof is also lower in civil cases.

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