Wrongful Death | The Evans Law Firm
Tennessee Personal Injury
& Civil Litigation
Knox, Jefferson, Sevier, Blount, Loudon, and other counties in East TN.
Most Personal Injury Cases Begin With One
Core Legal Concept: Negligence
Knoxville Wrongful Death Attorney
When Negligence Takes a Life, Families Deserve Answers
No amount of money can replace a loved one.
When a family member dies because of someone else's negligence, recklessness, or wrongful conduct, the emotional impact is overwhelming. Families are left grieving while simultaneously facing funeral expenses, medical bills, lost income, and uncertainty about the future.
During one of the most difficult periods of your life, you should not have to battle insurance companies, corporations, or defense lawyers alone.
At The Evans Law Firm, we help Tennessee families pursue justice and accountability after the wrongful death of a loved one. While no legal claim can undo what happened, a wrongful death action can provide financial security, answers, and a measure of accountability for those responsible.
If you have lost a loved one because of another person's negligence, contact The Evans Law Firm today for a free and confidential consultation.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit brought when a person's death is caused by another party's negligent, reckless, or intentional actions.
Unlike a criminal case, a wrongful death claim is focused on compensating surviving family members for the losses they have suffered because of the death.
Wrongful death claims commonly arise from:
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Car accidents
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Truck accidents
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Motorcycle accidents
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Drunk driving crashes
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Workplace accidents
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Medical malpractice
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Nursing home neglect
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Defective products
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Dangerous property conditions
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Construction accidents
In many situations, a wrongful death claim may proceed even if no criminal charges are filed.
Who Can File a Wrongful Death Claim in Tennessee?
Tennessee law determines who has the right to pursue a wrongful death claim.
Depending on the circumstances, claims may be brought by:
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A surviving spouse
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Children
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Parents
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Next of kin
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The personal representative of the estate
Determining who has legal standing can sometimes become a contested issue, particularly in blended families or situations involving multiple potential beneficiaries.
Our firm helps families understand their rights and ensures the proper parties are involved in the claim.
Common Causes of Wrongful Death
Car Accidents
Negligent drivers cause thousands of serious and fatal accidents every year.
Common causes include:
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Distracted driving
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Speeding
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Drunk driving
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Failure to yield
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Reckless driving
Truck Accidents
Commercial trucking accidents often result in catastrophic injuries and fatalities because of the size and weight of the vehicles involved.
These cases frequently require investigation of:
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Driver logs
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Black box data
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Maintenance records
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Company safety practices
Motorcycle Accidents
Motorcyclists are particularly vulnerable to severe injuries and fatal collisions when drivers fail to see them or fail to yield.
Medical Negligence
Healthcare providers may be held responsible when substandard medical care contributes to a patient's death.
Examples may include:
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Surgical errors
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Misdiagnosis
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Delayed diagnosis
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Medication mistakes
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Birth injuries
Nursing Home Neglect
Elderly residents deserve proper care and protection.
Wrongful death claims may arise when nursing homes fail to provide adequate supervision, treatment, nutrition, or medical care.
Defective Products
Manufacturers can be held responsible when dangerous products cause fatal injuries.
Examples include:
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Defective vehicles
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Dangerous medications
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Faulty machinery
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Unsafe consumer products
What Must Be Proven in a Wrongful Death Case?
To succeed in a wrongful death claim, the evidence must generally establish:
Duty of Care
The defendant owed a duty to act reasonably under the circumstances.
Breach of Duty
The defendant failed to meet that duty.
Causation
The defendant's actions directly caused or contributed to the death.
Damages
The surviving family members suffered losses as a result.
Because wrongful death cases often involve disputed facts, expert testimony and detailed investigations are frequently necessary.
What Compensation May Be Available?
Every case is different, but compensation may include both financial and non-financial losses.
Medical Expenses
Compensation may be available for medical treatment provided before death.
Funeral and Burial Costs
Funeral expenses can create a significant financial burden for families.
Lost Income and Benefits
Many families lose a primary source of income when a loved one passes away unexpectedly.
A claim may include:
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Future earnings
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Retirement benefits
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Health insurance benefits
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Pension benefits
Loss of Services
Families often lose the value of household services, childcare, and other contributions the deceased provided.
Loss of Companionship
The law recognizes that families suffer more than financial losses.
Compensation may be available for:
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Loss of companionship
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Loss of guidance
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Loss of emotional support
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Loss of parental care
Punitive Damages
In cases involving particularly reckless or intentional conduct, punitive damages may be available to punish the wrongdoer and deter similar behavior.
Examples may include:
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Drunk driving
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Intentional misconduct
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Fraudulent concealment
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Extreme recklessness
Tennessee's Comparative Fault Rules
Defendants often attempt to shift blame to the deceased.
Tennessee follows a modified comparative fault system.
If the deceased is found partially responsible, damages may be reduced accordingly.
If the deceased is found 50% or more at fault, recovery may be barred.
Because insurance companies frequently use comparative fault arguments to reduce payouts, a thorough investigation is critical.
Why Early Investigation Matters
Evidence can disappear quickly after a fatal accident.
Important evidence may include:
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Surveillance footage
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Vehicle data recorders
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Witness statements
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Accident reconstruction evidence
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Medical records
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Cell phone records
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Employment records
The sooner an attorney becomes involved, the better the opportunity to preserve critical evidence.
How The Evans Law Firm Helps Families
Wrongful death cases are emotionally difficult and legally complex.
Our firm assists families by:
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Conducting thorough investigations
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Preserving evidence
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Working with experts
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Calculating economic losses
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Negotiating with insurance companies
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Filing lawsuits when necessary
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Preparing cases for trial
We handle the legal process so families can focus on healing.
Wrongful Death Cases We Handle
The Evans Law Firm represents families in wrongful death claims involving:
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Car accidents
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Truck accidents
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Motorcycle accidents
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Pedestrian accidents
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Drunk driving crashes
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Medical malpractice
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Nursing home abuse and neglect
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Workplace accidents
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Product liability claims
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Premises liability accidents
Frequently Asked Questions
How long do I have to file a wrongful death claim?
Tennessee generally imposes a one-year statute of limitations, although exceptions may apply in certain situations.
Can a wrongful death claim be filed if criminal charges are not brought?
Yes. Civil wrongful death claims are separate from criminal prosecutions.
How much is a wrongful death case worth?
Every case is unique. Factors include age, earning capacity, family relationships, medical expenses, and the circumstances of the death.
What if my loved one was partially at fault?
Tennessee's comparative fault rules may still allow recovery depending on the percentage of fault assigned.
How long does a wrongful death case take?
Some cases resolve through settlement within months, while others require litigation and may take longer.
How much does it cost to hire a wrongful death attorney?
Most wrongful death cases are handled on a contingency fee basis, meaning there are no attorney's fees unless compensation is recovered.
Contact The Evans Law Firm Today
The loss of a loved one changes a family forever.
While no lawsuit can replace what has been taken away, pursuing justice can provide financial security, accountability, and answers.
If your family has lost someone because of another person's negligence or wrongdoing, contact The Evans Law Firm today for a free consultation.
We are ready to listen, answer your questions, and help you understand your legal options during this difficult time.
