Wrongful Death Lawyers in Murfreesboro

Who holds the right to bring a wrongful death claim

Tennessee law fixes an order for who holds the right to sue. Under T.C.A. Section 20-5-106 the right of action passes first to the surviving spouse, and to the children or next of kin when there is no spouse, while T.C.A. Section 20-5-107 lets the personal representative of the estate bring the claim for those survivors. Naming the proper party at the outset keeps the case from being thrown off course later.

How Tennessee figures the damages

Under T.C.A. Section 20-5-113 the recovery comes in two parts. The first is the value of the deceased's life to the survivors, including lost earnings and the loss of the care, guidance, and companionship the person gave. The second is the damages the deceased could have recovered themselves, such as medical bills, funeral costs, and the physical and mental suffering they endured before death. We develop both parts so the full claim is presented.

The one-year filing deadline after a wrongful death

A wrongful death claim in Tennessee is generally governed by the one-year deadline under T.C.A. Section 28-3-104, tied to the underlying injury claim, though appointing an estate representative and other circumstances can shift the timing. Because these details are easy to misjudge and the deadline is firm, we review them early so the family's right to recover is protected from the start.

The fifty percent rule and blame aimed at the deceased

Tennessee's comparative fault standard from McIntyre v. Balentine bars a claim when the deceased is found half or more at fault and reduces it for any smaller share. In a death case the defense often tries to lay blame on the person who is no longer here to answer. We respond with the evidence to keep responsibility on the party that caused the death.

When the deceased was a child or left young children

When the deceased was a child, Tennessee law lets the parents recover for the loss. And when a parent who has custody or visitation of minor children is killed, Tennessee treats that loss as a catastrophic injury under T.C.A. Section 29-39-102, lifting the noneconomic damages cap to one million dollars. We make sure the claim reflects the full scope of what the family has lost.

Serving grieving families across Rutherford County

We represent families who have lost a loved one to negligence throughout Rutherford County and the surrounding communities, including Smyrna, La Vergne, and Eagleville. Wherever the loss occurred, we are here to help the family through it.

Talk to a Murfreesboro wrongful death lawyer

If your family lost someone to another's negligence, call (615) 880-6327 for a free and compassionate case review. Your family owes no fee unless we recover compensation.

Speak with a Murfreesboro wrongful death attorney

A Tennessee wrongful death claim carries its own rules about who may bring it and how its value is figured, and getting them right from the start matters. If your family lost someone to negligence around Murfreesboro, call (615) 880-6327 for a free and confidential consultation. Our fee is contingent, so your family pays nothing unless we recover for you.

Common questions

In Tennessee, who is permitted to file the wrongful death claim?

Tennessee sets an order. The surviving spouse holds the first right, followed by the children or next of kin when there is no spouse, and the estate's personal representative may bring the claim for the survivors. If the person who died was a child, the parents hold the right to recover. We name the right party so the claim is filed correctly.

What losses can a Tennessee wrongful death claim recover?

A wrongful death claim covers two things: the value of the deceased's life to the family, including lost income and lost companionship, and the losses the deceased bore directly, such as medical and funeral bills and the pain they felt before death. We pursue both so no recoverable loss is left out.

How long does a family have to file after a death in Murfreesboro?

A wrongful death claim generally carries a one-year deadline, though naming an estate representative and other factors can shift the timing. Because the timing is easy to get wrong, it is wise to have a lawyer check the dates early so the claim stays protected.