As a Nashville wrongful death attorney, I am very cognizant of the unfortunate reality that time is precious when you lose a loved one in Tennessee. The law gives you just one year to file a wrongful death claim. Your family’s right to justice depends on this timeline, whether the death resulted from a car accident, medical malpractice, or a defective product.
My experience as a Nashville wrongful death attorney shows how these cases affect families deeply. Tennessee law defines wrongful death as death caused by “injuries received from another” or by “the wrongful act, omission, or killing by another.” The legal process demands specific requirements – from collecting medical records to identifying who can legally file the claim.
We want to help you understand how to file a wrongful death claim in Nashville. This complete guide will take you through each vital step. You will learn about your eligibility as a surviving spouse, child, or parent and how to calculate damages such as lost wages and funeral expenses.
Understanding Wrongful Death Claims in Nashville
Tennessee law says wrongful death happens when someone dies due to “injuries received from another” or by “the wrongful act, omission, or killing by another”. This legal framework helps families seek justice after losing a loved one because of someone else’s negligence or intentional acts.
What qualifies as wrongful death in Tennessee
Tennessee Code Section 20-5-106 states that a wrongful death claim exists when the deceased person could have filed a personal injury lawsuit if they had lived. The law lets family members take legal action when someone’s negligent, reckless, or intentional behavior leads to death. The state’s law recognizes unborn children at any stage as “persons” under wrongful death statutes. Tenn. Code. Ann. § 20-5-106(d) (2024).
Common causes of wrongful death lawsuits
Nashville sees several main causes behind most wrongful death cases:
- Motor vehicle accidents (cars, motorcycles, trucks)
- Medical malpractice
- Workplace accidents, particularly in construction
- Defective products
- Nursing home neglect or abuse
- Death of a child
- Premises liability incidents
Medical malpractice stands out as one of the leading reasons people file wrongful death claims in Tennessee. Dangerous industries like construction, manufacturing, and agriculture see workplace fatalities more often.
Wrongful death vs. survival actions
People often mix these up, but wrongful death and survival actions serve different purposes:
A wrongful death claim helps family members get compensation for their losses after a loved one’s death. The compensation covers lost financial support, companionship, and emotional suffering.
A survival action works like the personal injury lawsuit the deceased would have filed if they had lived. It seeks money for what the deceased went through before death, such as medical expenses and pain and suffering. Families can file both types of claims together to get full compensation.
Statute of limitations for Nashville cases
Tennessee law gives you one year to file wrongful death cases in Nashville. The clock starts ticking from the date of the injury that led to death, not the actual death date. The one-year countdown begins on the injury date when injury and death happen on different days.
The “discovery rule” might give you more time if someone hid the cause of death or you could not have known about it. The deadline might stretch to two years if criminal charges come up against the responsible person within that first year.
A Nashville wrongful death attorney’s knowledge can help you understand these deadlines and protect your legal rights.
Determining Your Eligibility to File a Claim
Starting a wrongful death claim requires you to check if you have legal standing to pursue the case. Tennessee laws have strict rules about who can seek justice after losing a family member due to negligence or wrongful actions.
Who can legally file in Tennessee
Tennessee statutes provide clear guidelines about who can file a wrongful death lawsuit. State law gives the right to file mainly to immediate family members or estate representatives. The law prohibits anyone responsible for the death from filing or getting any money from the lawsuit. New filers should talk to a Nashville wrongful death attorney to check their eligibility before moving forward.
Priority order of eligible family members
Tennessee follows this specific order for filing wrongful death claims:
- Surviving spouse has the highest priority
- Children of the deceased (if no surviving spouse exists)
- Parents of the deceased (if the person was dependent on them)
- Next of kin (if no spouse, children or parents survive)
- Personal representative/administrator of the estate
Courts will unite multiple filings and decide who controls the litigation because only one wrongful death lawsuit can be filed per case.
When a personal representative must file
A personal representative usually steps in when immediate family members cannot file. Children who are too young to file legally need a personal representative to take action. The court might appoint an administrator if several parties disagree about who should handle the case. They look at factors like relationship to the deceased and individual abilities.
How existing wills affect filing rights
Wills determine who files but not always who gets compensation, contrary to what many believe. The executor named in a will becomes the personal representative. This person can then file the wrongful death claim for the estate.
Tennessee’s intestate succession laws determine how wrongful death proceeds get distributed, whatever the will says. This rule applies even if the deceased left specific instructions in their will. Estate planning documents, trusts, and wills cannot override these legal distribution requirements in wrongful death cases.
Gathering Essential Documentation and Evidence
Building a successful wrongful death case depends on solid documentation. The right evidence lays the groundwork to prove liability and damages in Nashville wrongful death lawsuits.
Medical records and death certificate requirements
A death certificate stands as a basic document that physicians must complete within 48 hours of death. Tennessee law requires the attending physician or medical examiner’s signature on medical certification. Getting complete medical records can be challenging because of HIPAA privacy laws. Families can get these records by opening an estate for the deceased, using open records laws, or getting court orders after filing a lawsuit.
Financial documentation for damage calculations
A complete damage calculation needs proper documentation that has:
- Employment records and pay stubs showing earning history
- Tax returns (ideally 3-5 years prior to death)
- Documentation of employer-provided benefits
- Proof of funeral and burial expenses
These documents help establish economic damages like financial losses and non-economic damages such as emotional suffering and loss of companionship.
Evidence of negligence or wrongful act
The case needs proof that someone else’s negligence or wrongful act caused the death. Key evidence usually includes:
Police reports and accident documentation Photographs or videos of the incident scene Witness statements Safety records showing negligence Cell phone records in relevant cases
Families should start preserving potential evidence right after the incident because timing matters.
Expert testimony considerations
Expert witnesses serve a vital role in Nashville wrongful death cases by offering objective, specialized knowledge. These professionals help judges and juries understand complex medical and scientific concepts. Your case might need:
Medical professionals to establish cause of death Financial analysts to calculate projected lifetime earnings Accident reconstruction specialists for complex cases
A skilled Nashville wrongful death attorney’s network of qualified expert witnesses can make a difference in your case’s outcome.
The Legal Filing Process in Nashville Courts
Your wrongful death claim starts when you gather all the evidence. The legal process demands meticulous attention and perfect timing to move your case forward effectively.
Preparing and filing the original complaint
A lawsuit officially begins with a complaint is officially filed with the clerk of the court. Tenn. R. Civ. P. 3 (“All civil actions are commenced by filing a complaint with the clerk of the court.”). This vital legal filing must list all involved parties and establish your claim’s legal basis. Nashville wrongful death attorneys handle this complex task. The complaint has:
- A detailed account of the death circumstances
- Clear identification of responsible parties
- Specific legal theories that support your claim
- A breakdown of damages sought
Serving the defendant
The defendant needs formal notification about the lawsuit. They must respond to the allegations within 30 days after being served with the complaint. In the event the defendant agrees to waiver service of process, they do not have to file an “answer to the complaint until 60 days after the date on which the request for waiver of service was sent.” Tenn. R. Civ. P. 4(3).
Court fees and financial considerations
The financial commitment needs careful thought. Nashville’s filing fee for wrongful death cases stands at $284.50 as of July 2024. This amount covers state litigation tax of $23.75 and county litigation tax of $33.75. Nashville’s wrongful death attorneys typically work on contingency. This arrangement means you pay nothing upfront. Your attorney advances the legal fees and litigation costs, which they recover only after winning your case.
Conclusion
Nashville families face both emotional turmoil and legal challenges after losing a loved one to wrongful death. My experience as a practicing attorney shows that swift action, proper documentation, and understanding legal requirements lead to successful wrongful death claims.
Time plays a crucial role in seeking justice. The one-year deadline starts from the date of injury, not death. Your family should consult a qualified attorney right away to protect your legal rights.
Your case’s success depends on collecting and documenting evidence properly. Medical records, financial documents, and expert testimony create a strong foundation to prove liability and damages. These elements tell your loss’s complete story and help establish the compensation your family deserves.
Wrongful death claims just need precise attention at every stage – from identifying who can file to submitting final court documents. The process might feel overwhelming, but you don’t have to face this challenge alone. A skilled Nashville wrongful death attorney will walk beside you, protect your rights, and help you seek justice for your loved one.
FAQs
Q1. What is the time limit for filing a wrongful death claim in Nashville? In Nashville, you have one year from the date of the injury that caused the death to file a wrongful death claim. This statute of limitations is strict, so it’s crucial to act quickly to preserve your legal rights.
Q2. Who is eligible to file a wrongful death claim in Tennessee? The right to file a wrongful death claim in Tennessee typically belongs to the surviving spouse, followed by children, parents (if the deceased was dependent on them), next of kin, or a personal representative of the estate, in that order of priority.
Q3. What types of damages can be recovered in a wrongful death lawsuit? Damages in a wrongful death lawsuit may include economic losses such as lost wages and funeral expenses, as well as non-economic damages like loss of companionship and emotional suffering. The exact compensation depends on the specific circumstances of each case.
Q4. What evidence is needed to support a wrongful death claim? Essential evidence for a wrongful death claim includes medical records, death certificate, financial documentation, evidence of negligence (such as police reports or witness statements), and potentially expert testimony. Gathering this evidence promptly is crucial for building a strong case.
Q5. How much does it cost to file a wrongful death lawsuit in Nashville? As of July 2024, the filing fee for a wrongful death case in Nashville is $284.50. However, many attorneys work on a contingency basis, meaning you don’t pay upfront fees. Instead, legal costs are typically recovered only if your case is successful.
Call a Nashville Wrongful Death Lawyer Today
If you lost a loved one, contact Timothy L. Miles, a wrongful death lawyer in Nashville, for a free and confidential case evaluation. (855) 846-6529 or [email protected]. (24/7/365).
Timothy L. Miles, Esq.
Law Offices of Timothy L. Miles
Tapestry at Brentwood Town Center
300 Centerview Dr. #247
Mailbox #1091
Brentwood,TN 37027
Phone: (855) Tim-MLaw (855-846-6529)
Email: [email protected]
Website: www.classactionlawyertn.com
