Wrongful Death

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Losing a loved one is devastating, and when it results from another's negligence or intentional act, surviving family members may pursue a wrongful death claim in Tennessee under T.C.A. § 20-5-106 et seq. These civil actions allow eligible beneficiaries—such as spouses, children, parents, or the estate administrator—to seek compensation for the death caused by a wrongful act, omission, or strict liability (e.g., defective products). The claim focuses on the harm to survivors rather than the deceased's pain. The statute of limitations is one year from the date of death, with limited extensions for circumstances like fraud or concealment (T.C.A. § 28-1-106). Prompt filing is essential to avoid forfeiture of rights.

What Constitutes a Wrongful Death Claim

To establish a viable claim in Tennessee state or federal courts, plaintiffs must prove four elements:

1. Wrongful Act or Omission: The defendant breached a duty of care through negligence (e.g., distracted driving), recklessness, or intentional conduct, directly causing or contributing to the death.

2. Causation: Evidence, such as medical records, autopsy reports, or expert analysis, must demonstrate a direct link between the breach and the fatality (e.g., a truck driver's failure to brake in a collision).

3. Eligible Plaintiffs: Only designated beneficiaries may file, prioritizing pecuniary losses; this includes immediate family or the estate if no relatives qualify. Claims are not assignable.

4. Damages: Recoverable losses include economic harms (e.g., funeral expenses, lost future earnings) and non-economic harms (e.g., loss of companionship). Non-economic damages are capped at $750,000 in medical malpractice cases but uncapped in others (T.C.A. § 29-39-102). Punitive damages may apply for willful misconduct (T.C.A. § 29-39-104).
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Common scenarios encompass vehicle accidents, workplace incidents, nursing home neglect, medical errors, or product defects. These are civil proceedings aimed at compensation, separate from any criminal charges.
 

Potential Impacts and Recoveries

Families often face substantial financial and emotional challenges, including funeral costs averaging $7,000–$12,000, lost household income (potentially millions over a lifetime), and ongoing support needs. Without representation, settlements may be undervalued by 30–50% due to defenses from insurers or entities like trucking companies. Successful claims typically range from $500,000 to over $5 million, depending on circumstances.
 

Preparing and Pursuing a Claim
 

At The Evans Law Firm, our attorneys assist families in gathering evidence and navigating the process to build a strong case:

• Preserve Evidence Quickly: Obtain police reports, witness statements, and scene documentation immediately. Subpoena relevant data, such as vehicle event recorders or medical logs, to support negligence.

• Engage Experts: Consult forensic pathologists, economists, and accident reconstruction specialists to establish causation and calculate damages (e.g., lifetime earnings projections for a young decedent).

• Identify Beneficiaries: Verify relationships with documentation like birth or death certificates; file in the county of death or defendant's residence.

• Review Insurance: Request policy details under T.C.A. § 24-2-113 and prepare demand packages to counter initial offers.

• Explore Resolution Paths: Pursue mediation, which resolves over 80% of cases, while preparing for circuit court if needed. Address defenses like comparative negligence, where recovery is barred if the decedent was more than 50% at fault (T.C.A. § 29-39-102).
   

In litigation, we focus on clear timelines, expert testimony, and damage valuations to present a compelling case, emphasizing the defendant's sole liability where applicable.
 

If you have lost a loved one due to negligence, contact The Evans Law Firm for a free consultation to review your options.