A mourner rests their hand on a casket adorned with white flowers during a funeral service.

Have you suffered the wrongful death of a loved one?

Our Nashville wrongful death lawyers are here to provide thorough legal support and secure the compensation you need during these difficult times. Contact us today to schedule a free case review. We work on a contingency fee basis, which means you don’t owe us anything unless we win for you.

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Compassionate Legal Support for Wrongful Death Victims in Nashville

If you have suffered the wrongful death of a loved one, the experienced team of Nashville wrongful death lawyers at Philip S. Georges, PLLC is here and ready to fight for the compensation you need and deserve. We understand the profound impact a wrongful death can have on families. That’s why we are dedicated to fighting for justice and ensuring that the responsible parties are held accountable. 

Navigating the complexities of a wrongful death claim can be overwhelming, but our attorneys are here to guide you through every step. We’ll help you understand wrongful death claims, build and file the claim on your behalf, professionally negotiate your settlement, and represent you in court, if needed. We provide comprehensive legal support tailored to your unique needs. Let our compassionate and experienced Nashville wrongful death lawyers help you through this challenging time and secure the compensation your family may deserve. Contact us today to schedule a free case review and take the first step towards justice. You don’t owe us anything unless we win for you.

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Getting Help Is Easy

Getting the help you need is easy. Contact us for a free consultation about your case today.

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You deserve compensation for the damages you’ve suffered. We are here to protect your rights, and we’ll fight to collect the damages to which you’re entitled under the law.

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No fees and no obligation for your case unless we win. There’s no risk in letting us listen to your story!

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Understanding Wrongful Death Claims

What Constitutes a Wrongful Death?

A wrongful death occurs when an individual’s life is prematurely ended due to the negligence, recklessness, or intentional actions of another party.

To successfully pursue a wrongful death claim in Tennessee, it must be proven that the death was caused by another party’s negligence or wrongful act, and that the deceased would have been entitled to file a personal injury claim if they had survived.

Who Can File a Wrongful Death Claim in Tennessee?

In Tennessee, the law specifies who has the legal standing to file a wrongful death claim. The eligible parties include:

  • Surviving Spouse: The deceased’s spouse has the primary right to file a wrongful death claim.
  • Children: If there is no surviving spouse, the deceased’s children may file the claim.
  • Parents: If the deceased was a minor or unmarried adult with no children, the parents can pursue the claim.
  • Personal Representative: If none of the above are available, the personal representative of the deceased’s estate may file the claim.
  • Next of Kin: If there is no designated personal representative, the next of kin may be eligible to file.

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Common Causes of Wrongful Death

Motor vehicle accidents are a leading cause of wrongful death. These tragic incidents can involve cars, trucks, motorcycles, bicycles, or pedestrians. Common causes include reckless driving, distracted driving, driving under the influence of alcohol or drugs, speeding, etc. When a negligent driver causes a fatal accident, the surviving family members may be entitled to seek compensation through a wrongful death claim.

Workplace accidents can result in fatal injuries, especially in high-risk industries like construction, manufacturing, and transportation. Common causes include falls, machinery malfunctions, exposure to hazardous materials, and lack of proper safety protocols. Employers have a duty to ensure a safe working environment. When they fail to do so, and it leads to a fatality, the family may be able to file a wrongful death claim.

Criminal acts, including assaults, robberies, and homicides, can tragically end in wrongful deaths. When a person’s death is caused by the intentional or reckless actions of another, the responsible party can face both criminal charges and civil liability. The victim’s family can file a wrongful death lawsuit to seek damages for their loss.

Medical malpractice occurs when healthcare professionals fail to provide the standard of care expected in their field, resulting in fatal injuries or illnesses. Examples include misdiagnosis, delayed diagnosis, surgical errors, anesthesia mistakes, and prescription errors. When medical negligence leads to the death of a patient, the victim’s family can pursue a wrongful death lawsuit to hold the responsible parties accountable.

Defective products can cause serious injuries or death when they fail to perform safely as intended. This can include defective automobiles, appliances, medical devices, or even everyday household products. Manufacturers, distributors, and retailers can be held liable for wrongful death if it can be proven that the product was defective and caused the fatality.

Premises liability refers to the responsibility of property owners to maintain a safe environment. Fatal accidents can occur due to unsafe conditions such as slip and falls, inadequate security, or unsafe construction. When a property owner’s negligence leads to a wrongful death, the victim’s family can seek compensation through a wrongful death claim.

Filing a Wrongful Death Claim in Nashville

Step-by-Step Process

Filing a wrongful death claim in Nashville involves several important steps. Understanding this process can help families navigate their legal options during a difficult time.

  1. Consultation with an Attorney: The first step is to meet with a Nashville personal injury attorney who has experience handling wrongful death claims. This initial consultation helps determine if you have a viable claim and allows you to discuss the details of your case. While it is not required to hire an attorney, having one on your side substantially improves your chances of securing much needed and deserved compensation.
  2. Investigation: Your attorney will conduct a thorough investigation to gather evidence, including medical records, accident reports, witness statements, and expert opinions. This step is fundamental to building a strong case.
  3. Filing the Claim: Once the investigation is complete, your attorney will file a wrongful death lawsuit on behalf of the eligible family members. This legal document outlines the details of the case and the compensation sought.
  4. Discovery Phase: Both parties will exchange information and evidence related to the case. This phase may involve depositions, interrogatories, and requests for documents.
  5. Settlement Negotiations: In many cases, the parties may attempt to reach a settlement before going to trial. Your attorney will negotiate with the defendant’s legal team to secure a fair settlement that covers your losses.
  6. Trial: If a settlement cannot be reached, the case will go to trial. Your attorney will present the evidence and argue your case in front of a judge or jury, seeking a favorable verdict.
  7. Award and Compensation: If the court rules in your favor, you will be awarded compensation for economic and non-economic damages, such as medical expenses, lost wages, and pain and suffering.

Statute of Limitations

In Tennessee, the statute of limitations for filing a wrongful death claim is generally 1 year from the date of the deceased’s death. This means you have a limited time to take legal action, as failing to file before the deadline will likely result in losing the right to seek compensation.

There are certain exceptions and circumstances that can affect this timeframe:

  • Discovery Rule: In some cases, the statute of limitations may be extended if the cause of death was not immediately known or discovered.
  • Minor Children: If the deceased has minor children, the statute of limitations may be extended.
  • Government Entities: Claims against government entities may have different deadlines and requirements.

At Philip S. Georges PLLC, we are committed to providing professional and compassionate guidance through every step of the wrongful death claim process. Contact us today for a free consultation to discuss your case and learn how we can help you seek justice for your loved one.

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Recoverable Damages in Wrongful Death Cases

In wrongful death cases, the surviving family members may be entitled to various types of compensation. Understanding the types of recoverable damages can help you know what to expect when pursuing a wrongful death claim.

Economic Damages

Economic damages are intended to compensate the family for the financial losses incurred as a result of the wrongful death. These damages often include:

  • Medical Expenses: Costs for medical care provided to the deceased prior to death, including hospital bills, surgeries, and medications.
  • Funeral and Burial Costs: Expenses related to the funeral, burial, or cremation of the deceased.
  • Lost Wages and Benefits: Compensation for the income the deceased would have earned, including potential raises and promotions, had they lived.
  • Loss of Services: The value of household services the deceased provided, such as childcare, housekeeping, and maintenance.

Non-Economic Damages

Non-economic damages are designed to compensate for the intangible losses that do not have a specific monetary value but deeply affect the surviving family members. These can include:

  • Pain and Suffering: Compensation for the emotional distress and grief experienced by the surviving family members due to the loss.
  • Loss of Companionship: The loss of the deceased’s companionship, love, and affection.
  • Loss of Consortium: Compensation for the loss of the marital relationship, including loss of intimacy and support.
  • Loss of Parental Guidance: The loss suffered by children who are deprived of their parent’s guidance, care, and nurturing.

Punitive Damages

Punitive damages may be awarded in cases where the defendant’s actions were particularly egregious, reckless, or malicious. Unlike economic and non-economic damages, which are intended to compensate the family for their losses, punitive damages are meant to punish the wrongdoer and deter similar conduct in the future. These damages are not awarded in every wrongful death case but may be pursued if the circumstances warrant it–our lawyers can help determine if punitive damages may be applicable in your case. 

We understand the profound impact a wrongful death can have on your family. Our wrongful death attorneys in Nashville are dedicated to helping you secure the maximum compensation available under the law. We will work tirelessly to ensure that all recoverable damages are thoroughly pursued, providing you with the financial support and justice you deserve.

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How a Wrongful Death Lawyer Can Help You

Navigating a wrongful death claim can be an overwhelming and complex process, especially while grieving the loss of a loved one. A skilled wrongful death lawyer can provide invaluable support and professionalism throughout this difficult time. Here’s how our wrongful death attorneys in Nashville can help you with your claim:

Proving Negligence

One of the most critical aspects of a wrongful death claim is proving that the death was caused by another party’s negligence or wrongful actions. A wrongful death lawyer can assist by:

  • Conducting a Thorough Investigation: Gathering all necessary evidence, including medical records, accident reports, witness statements, and expert testimony.
  • Establishing Liability: Identifying all parties responsible for the death and demonstrating how their actions directly led to the fatality.
  • Building a Strong Case: Using the collected evidence to build a compelling case that clearly shows negligence or wrongful conduct, meeting the legal standards required to win the claim.

Settlement Negotiations

Many wrongful death cases are resolved through settlements rather than going to trial. A wrongful death lawyer can make all the difference in settlement negotiations by:

  • Evaluating the Claim’s Worth: Accurately calculating the full extent of damages, including economic and non-economic losses, to ensure you seek appropriate compensation.
  • Engaging with Insurance Companies: Handling all communications with insurance companies and opposing parties, using professional insight and experience to counteract common tactics aimed at minimizing payouts.
  • Negotiating Skillfully: Advocating on your behalf to reach a settlement that fully compensates you for your loss, while keeping you informed throughout the process.

Trial Representation

If a fair settlement cannot be reached, your wrongful death lawyer will be prepared to take your case to trial. Here’s how they can represent you in court:

  • Presenting the Case: Effectively presenting evidence, calling witnesses, and making persuasive arguments to the judge and jury.
  • Expert Testimony: Coordinating testimony from medical experts, accident reconstructionists, and other specialists to strengthen your case.
  • Advocating for Justice: Vigorous representation aimed at securing a favorable verdict that provides full and fair compensation for your loss.

Frequently Asked Questions

Personal Injury Claim:

  • Filed by: The injured party.
  • Purpose: To seek compensation for injuries, medical expenses, lost wages, and pain and suffering.
  • Outcome: If successful, the injured party receives compensation.

Wrongful Death Claim:

  • Filed by: The family members or representatives of a deceased individual.
  • Purpose: To seek compensation for the death of a loved one due to the negligence or wrongful act of another.
  • Outcome: Compensation is awarded to the family or estate for losses such as funeral expenses, lost income, and loss of companionship.

The duration of a wrongful death lawsuit can vary significantly depending on the complexity of the case, the court’s schedule, and whether the case is settled out of court or goes to trial. On average, these cases can take anywhere from several months to several years to resolve.

Typically, only one wrongful death claim is filed on behalf of all eligible beneficiaries. This is usually done by a representative of the deceased’s estate. Eligible beneficiaries might include the spouse, children, or parents of the deceased. In some jurisdictions, multiple family members might be required to join the same lawsuit to seek compensation collectively.

The average settlement for a wrongful death case can vary widely based on factors like the circumstances of the death, the deceased’s age, income, and the financial and emotional impact on the family. Settlements can range from tens of thousands to several million dollars. However, it is important to consult with a legal professional to get a more accurate estimate based on specific case details.

Our Nashville Law Office

NASHVILLE, TN

801 18th Ave. S
Nashville, TN 37203

Phone: (615) 551-3923
Email: info@wolfpacklawyers.com