Wrongful Death Lawyer in Nashville

Fighting for Families Across Tennessee & Beyond

Losing a loved one is always painful, no matter the circumstances. But the pain of loss can be magnified by injustice when someone is killed through the negligence or fault of another. Fortunately, the law protects families of wrongful death victims by giving them the right to pursue a claim in civil court.

At Kinnard, Clayton & Beveridge, we understand no amount of compensation can atone for the loss of a loved one. However, holding at-fault parties accountable can provide compensation to ensure your financial stability during a difficult time, and perhaps offer the sense of justice you deserve.

If you’re ready to explore your rights and following the preventable death of your loved one, our award-winning winning Nashville wrongful death attorneys are here to help.

Why Choose Kinnard, Clayton & Beveridge

• We’ve been fighting for victims and families since 1977.
• Our attorneys have over 100 years of combined experience.
• We have won record results and millions in compensation for clients.
• We offer FREE & confidential case evaluations.

KCB is backed by a team of award-winning attorneys nationally recognized among The Best Lawyers in America®, Mid-South Super Lawyers, and other leading legal rating services. Partner Randall Kinnard, a member of the Inner Circle of Advocates, and Partner Daniel Clayton are also both Certified Civil Trial Specialists (NBLSC) and Board-Certified Medical Malpractice Specialists (ABPLA).

How Does Tennessee’s Wrongful Death Law Work?

Per Tennessee Code 20-5-106, a wrongful death is any death which is caused by “injuries received from another” or by “the wrongful act, omission, or killing by another.”

Wrongful death actions in Tennessee allow immediate family members of the deceased to bring two types of claims in civil court:

• Wrongful death actions, which are civil claims for the decedent’s injuries and damages brought by an immediate relative to whom the claim has been passed after the decedent’s death; and
• Survival actions, which are civil claims brought by surviving immediate family members for their own injuries caused by the decedent’s deaths.

Tennessee classifies wrongful death actions as special personal injury cases where the injured individual has died and is unable to bring their own claim. Instead the right to file a claim is passed to qualifying surviving relatives (or a personal representative of the estate) for damages the decedent would have otherwise been entitled to had they survived (a wrongful death action). Surviving family members are also entitled to compensation for their own damages (a survival action).

As wrongful death laws can be complex, our team can explain how these claims work based on the unique facts and circumstances of your case.

Can I File a Wrongful Death Lawsuit in Tennessee?

Your right to bring a wrongful death lawsuit against an allegedly responsible party will depend on the facts involved. Generally, there must be evidence to support claims that another’s negligence or wrongful act more likely than not caused your loved one’s death. Besides meeting the essential elements of proving a claim, you must also be eligible to bring a wrongful death lawsuit.

Per Tennessee law, only certain family members or the estate’s personal representative can bring these claims. Usually, that means a decedent’s surviving spouse. However, if there is no surviving spouse, the claim can be brought by the following parties, in order:

• Surviving children / next of kin
• Personal representative of the estate
• Surviving parent (if decedent was dependent on their parents at the time of death)
• Administrator of the estate (if the decedent was a dependent at the time of death)

What Damages Can Wrongful Death Claims Provide?

Tennessee law enables surviving relatives to recover two types of damages: (1) the damages a decedent would have been able to recover had they survived their injury, and (2) the losses suffered by surviving family members as a result of the death.

Recovered damages in wrongful death claims can include:

• Funeral and burial expenses
• A decedent’s pain and suffering, lost income, and other damages during the time between their injury and their death
• Lost financial support a decedent would have provided
• Emotional and psychological injuries suffered by family members
• Loss of companionship, love, and society

Time Limits for Wrongful Death Claims in Tennessee

Beyond determining whether or not there are grounds to proceed with a wrongful death suit, claims should proceed in a timely fashion. According to Tennessee state law, wrongful death actions must be filed within one year of the accident in question. However, there may be cases where victims have more time to bring claims, such as in cases where the cause of death is not discovered until a later time. Whatever statute of limitations applies, failing to act within the statutory window can mean families no longer have the right to recover damages.

It goes without saying that pursuing legal action probably isn't the first thing on your mind after losing a loved one in a tragic accident. However, Tennessee law only opens a very specific and strict window of time for action.

Helping Families Through Difficult Times

"The day I walked through your door I was touched by God's grace. You may not have realized you were being used, but you were. You gave me back a sense of hope and a vision of goodness, something I'd lost with the death of my husband. I am deeply grateful to have found you. I think often of the kindness you extended to me and my family." -C.O., former client of Kinnard, Clayton & Beveridge

Why Hire a Wrongful Death Attorney from Our Firm?

Kinnard, Clayton & Beveridge is comprised of some of the top lawyers in the nation, recognized for our record-breaking verdicts, millions of dollars secured for our clients, and compassionate approach. We are the seasoned trial attorneys you need in this tragic time.

Your grief deserves to be acknowledged by the ones responsible. Call our Nashville wrongful death lawyers today at (615) 933-2893.