Wrongful Death Attorney in Nashville, Tennessee
Losing someone you love is brutal when their death was preventable. Wrongful death cases occur when someone dies due to another person’s negligence, recklessness, or intentional actions. These are not just about money – they are about holding the responsible parties accountable and getting justice.
Wrongful death can come from car accidents, medical malpractice, defective products, workplace accidents, and criminal acts. In Tennessee, wrongful death laws provide a way for the surviving family members to get compensation for their loss. The purpose of these laws is to ease the financial burden of the death and to get justice for the family.
At Keller Swan, we know the emotional and financial impact a wrongful death can have on a family. Our experienced attorneys are here to provide compassionate legal guidance and help families navigate the wrongful death process. We will get you the compensation you deserve and hold the responsible parties accountable.
Personal Injury Wrongful Death in Nashville, Tennessee
Wrongful death in Nashville is governed by Tennessee state laws which outline who can file a claim, what kind of damages can be recovered, and the legal process to get justice. Understanding these laws is key to building a strong case and protecting your legal rights.
Who Can File a Wrongful Death Claim
In Tennessee, the right to file a wrongful death claim is usually reserved for the closest family members of the deceased. The law outlines the order of priority for who can file a claim:
- Surviving Spouse: The surviving spouse of the deceased person is usually first in line to file a wrongful death claim.
- Children: If the deceased person has no surviving spouse, their children can file a claim.
- Next of Kin: If there are no surviving spouse or children, the next of kin, such as parents or siblings, can file a claim.
- Personal Representative: If the deceased person had no surviving relatives, the personal representative of the deceased’s estate can file a wrongful death claim on behalf of the estate.
Keep in mind, a wrongful death claim is not just about getting money – it’s also about representing the deceased and getting justice.
Types of Damages in Wrongful Death
In a wrongful death case, the surviving family members can seek various types of damages to compensate for their loss. These damages address both the financial and emotional impact of the death.
Economic Damages:
- Medical Expenses: Medical bills incurred before the deceased person’s death, including hospital stays, surgeries, and medications.
- Funeral and Burial Expenses: Costs associated with the funeral and burial of the deceased person.
- Lost Wages and Future Earnings: Income the deceased person would have earned had they lived, including lost wages and benefits.
Non-Economic Damages:
- Pain and Suffering: Physical pain and emotional distress experienced by the deceased person before their death.
- Loss of Consortium: Loss of companionship, love, and support the deceased person provided to their family members.
- Loss of Enjoyment of Life: Impact of the loss on the family’s ability to enjoy life as they once did.
Punitive Damages:
In cases where the defendant’s actions were egregious, the court may award punitive damages. These damages are to punish the wrongdoer and deter similar behavior in the future.
Why Timing Matters
In Tennessee, the statute of limitations for a wrongful death claim is one year from the date of death. This means you must take action within this timeframe to preserve your right to get compensated. If you don’t file a claim within the statute of limitations, you may be barred from recovering any damages no matter how strong your case.
Timing is everything in wrongful death cases. It allows your attorney to gather evidence, interview witnesses, and build your case. The sooner you call an attorney, the better your chances of getting a good result.
Proving Negligence and Liability in Wrongful Death
To win a wrongful death case, the plaintiff (the one filing the claim) must prove the defendant’s actions directly caused the death of the deceased person. This means proving:
- Duty of Care: The plaintiff must show the defendant owed a duty of care to the deceased person. For example, in a car accident case, the defendant had a duty to drive safely and follow traffic laws.
- Breach of Duty: The plaintiff must demonstrate the defendant breached their duty of care. This could be speeding, driving under the influence, or failing to follow medical protocols.
- Causation: The plaintiff must prove the defendant’s breach of duty directly caused the death of the deceased person. This means showing a direct link between the defendant’s actions and the fatal outcome.
- Damages: The plaintiff must show evidence of the damages suffered as a result of the wrongful death. This includes economic and non-economic damages such as medical expenses, funeral costs, and emotional distress.
Proving negligence and liability in a wrongful death case can be tough, especially when dealing with complex legal issues and multiple parties. An experienced wrongful death attorney can help you through this process and build your case.
The Wrongful Death Claim Process in Nashville
The process for a wrongful death claim in Nashville involves several steps, from gathering evidence to negotiating with insurance companies and, if necessary, litigation. Knowing this process is key to getting the compensation your family needs.
File a Wrongful Death Claim
The first step in a wrongful death claim is to file a lawsuit against the responsible party or parties. This means drafting a complaint that outlines the facts of the case, the damages being sought, and the legal basis for the claim.
- Gather Evidence: Gathering evidence is key in a wrongful death case. This may include medical records, accident reports, witness statements, and expert testimony. Your attorney will work with you to gather all relevant evidence and build your case.
- File the Complaint: The complaint must be filed in the correct court within the statute of limitations. Once the complaint is filed, the defendant will have an opportunity to respond to the allegations.
- Discovery: During the discovery phase, both parties will exchange evidence and information related to the case. This may include depositions, interrogatories, and requests for documents. The discovery process allows both sides to get the information they need to build their case.
Settlement
In many wrongful death cases, the parties may settle before the case goes to trial. A settlement is an agreement between the plaintiff and the defendant to resolve the case without a trial. Settlements can get you a quicker resolution and avoid the uncertainty of a trial.
- Settlement Negotiations: Your attorney will negotiate with the defendant’s legal team or insurance company to get a fair settlement. This means evaluating your claim and advocating for the most compensation possible.
- Reviewing Settlement Offers: If a settlement offer is made, your attorney will review it with you and advise you on whether to accept or reject the offer. You should carefully consider any settlement offers to make sure they compensate you for your loss.
- Finalizing the Settlement: If a settlement is reached, both parties will sign a settlement agreement and the case will be closed. If a settlement can’t be reached, the case may go to trial.
Litigation
If a settlement can’t be reached, the case may go to trial. During the trial, both parties will present their evidence and arguments to a judge or jury who will decide the case.
- Trial Preparation: Preparing for trial means gathering all relevant evidence, getting expert testimony, and developing a strong argument to present in court. Your attorney will work with you to prepare for trial and make sure your case is presented well.
- Presenting the Case: During the trial, your attorney will present your case to the judge or jury, including opening statements, witness testimony, and closing arguments. The defendant will also have an opportunity to present their case.
- Verdict and Compensation: If the judge or jury rules in your favor, they will award damages to you for your loss. This can include economic, non-economic, and punitive damages. If the verdict is not in your favor, you may have the option to appeal.
Wrongful Death Statistics in Nashville, Tennessee (2023)
Wrongful deaths are a sad reality in Nashville, with many cases each year. In 2023, Nashville saw a lot of wrongful death cases, so legal recourse and accountability in preventable tragedies are important.
Car Accidents and Roadway Incidents
Car accidents are one of the leading causes of wrongful death in Nashville. In 2023, there were approximately 50 wrongful death cases from car accidents. These cases often involved reckless driving, speeding, impaired driving, and failure to follow traffic laws.
Medical Malpractice and Healthcare Negligence
Medical malpractice is another common cause of wrongful death in Nashville. In 2023, there were about 25 wrongful death cases due to medical errors, including surgical mistakes, misdiagnoses, and medication errors. These cases show the need for accountability in the healthcare industry and the importance of following standards of care.
Workplace Accidents and Occupational Hazards
Workplace accidents, particularly in high-risk industries like construction and manufacturing, also contributed to the wrongful deaths in Nashville in 2023. There were approximately 15 wrongful death cases from workplace accidents, many of which involved unsafe working conditions, equipment failure, and lack of proper safety protocols.
Violent Crimes and Criminal Acts
Violent crimes, including homicides and assaults, were part of the wrongful death cases in Nashville. In 2023, there were about 10 wrongful death cases from criminal acts. These cases involved complex legal issues, including both civil and criminal proceedings.
These statistics show the devastating effect of wrongful deaths on families and communities in Nashville. They also show the need to seek justice through the legal system to hold the responsible parties accountable and prevent future tragedies.
Notable Injury Case: 2017 Nashville Medical Malpractice
One of the biggest wrongful death cases in Nashville in recent years was in 2017. The case was a medical malpractice at a local hospital where a patient undergoing routine surgery suffered severe complications from an anesthesia error.
Case Facts and Legal Ramifications
The patient was otherwise healthy and suffered severe complications during surgery from an anesthesia error. The medical team failed to monitor the patient’s vital signs, and it was a fatal outcome. The patient’s family filed a wrongful death lawsuit against the hospital and the medical staff involved, alleging negligence in administering anesthesia and not providing proper care.
Settlement and Results
The case settled for $20 million, which gave the family compensation for their loss, funeral expenses, and the emotional toll of losing a loved one. The settlement included punitive damages for the hospital’s failure to follow standards of care and preventable errors.
Impact and Legal Ramifications
This case shows the importance of medical professionals following standards of care and accountability in preventing fatal medical errors. It sets a legal precedent for future medical malpractice cases in Nashville for thorough monitoring and following protocols during surgeries.
Why Choose Keller Swan for Your Wrongful Death?
Keller Swan is a Nashville law firm that focuses on personal injury and wrongful death cases. Our team of experienced attorneys will provide you with compassionate legal help and results.
Compassionate Advocates and Support
At Keller Swan, we know the emotional and financial toll of losing a loved one due to wrongful death. Our attorneys will provide you with compassionate support and personalized attention to guide you through the process with care. We will help you through this difficult time and protect your rights.
Legal Knowledge and Tools
We have handled many wrongful death cases in Nashville and Tennessee. We know the state wrongful death laws, courtroom procedures, and strategies for results. We use our resources to thoroughly investigate each case, collect evidence, and build a strong case for maximum recovery.
Devoted Representation
We will fight for our clients and hold the responsible parties accountable. Whether through negotiation or litigation, we will get our clients fair compensation to ease the financial burden and bring closure to families affected by wrongful death.
Wrongful Death in Nashville
Wrongful death cases can come from many different types of incidents, each with their own unique legal issues. Here are some of the most common causes of wrongful death in Nashville:
Car Accidents and Roadway Accidents
Reckless driving, speeding, drunk driving, and failure to follow traffic laws are common causes of fatal car accidents in Nashville. These cases are against the responsible driver and sometimes their employer or vehicle manufacturer.
Medical Malpractice and Negligence
Misdiagnosis, surgical errors, medication errors, and other types of medical negligence can lead to fatal outcomes. Wrongful death claims in these cases are against the medical professionals and healthcare facilities that were negligent.
Workplace Accidents and Occupational Hazards
Construction site accidents, industrial accidents, and unsafe working conditions can cause fatal incidents. Wrongful death claims in these cases are against the employers, equipment manufacturers, or other parties responsible for workplace safety.
Product Liability and Defective Products
Defective products like faulty machinery or hazardous consumer goods can cause fatal injuries. In these cases, wrongful death claims are against the manufacturers, distributors, or retailers of the defective products.
Violent Crimes and Criminal Acts
Assault, homicide, and other criminal acts that result in death are covered under wrongful death laws. These cases are often both civil and criminal in nature, with the wrongful death claim seeking compensation from the responsible party.
What to Do
If you have lost a loved one due to wrongful death, do the following to protect your rights and your case:
Notify
Contact local law enforcement and emergency services to report the death and get the incident documented. An official report is key to establishing the facts of the case.
Get Legal Help
Talk to a wrongful death attorney at Keller Swan to discuss your legal rights and options. Early legal intervention will help preserve evidence and protect your right to recovery.
Collect Evidence
Get and save any relevant evidence such as accident reports, medical records, witness statements, and photos of the scene. Your attorney will help you collect and organize this evidence for your case.
Document Expenses
Keep records of funeral expenses, medical bills, lost income, and other financial losses resulting from the wrongful death. This documentation will be used to calculate the damages you may be entitled to.
File a Claim
Work with your attorney to file a wrongful death claim within the statute of limitations. Your attorney will guide you through the process from filing the complaint to negotiating a settlement or litigating the case.
Summary: Get Justice and Closure with Keller Swan
Losing a loved one to wrongful death is an unbearable tragedy that leaves families with emotional and financial burdens. At Keller Swan, we will provide gentle legal guidance and help families get justice and closure. Our attorneys will hold the responsible parties accountable and get you the compensation you are owed.
If you have lost a loved one to wrongful death in Nashville, Tennessee, contact us today to schedule a free consultation to talk about your case and how we can help you get justice and recovery.
