Gallatin Wrongful Death Lawyers

Look to our Gallatin wrongful death attorneys for help coping with the untimely loss of a family member

At Rocky McElhaney Law Firm, we understand that losing a loved one due to someone else's negligence or misconduct is an unimaginable tragedy that no family should have to endure. Coping with the loss of a family member is emotionally devastating, and the legal complexities that follow can exacerbate your pain. Our compassionate team of Gallatin wrongful death attorneys is here to offer you support, guidance, and legal help during this difficult time. We strive to provide peace and closure while advocating fiercely for your rights.

How can we help?

What is wrongful death?
Who can file a wrongful death claim in Tennessee?
What compensation is available in a Gallatin wrongful death claim?
How long do I have to file a Gallatin wrongful death claim?
What kinds of accidents lead to wrongful death?
Do you have a Gallatin wrongful death attorney near me?

What is wrongful death?

Wrongful death refers to a legal concept where a person's death is caused by the wrongful act or negligence of another person or entity. In such cases, the surviving family members may be entitled to compensation for their losses. This compensation aims to address the financial and emotional harm caused by the deceased's untimely death.

It’s important to note that wrongful death claims are civil cases, not criminal. While criminal charges may be brought against the responsible party, wrongful death lawsuits are separate civil actions seeking financial compensation.

Who can file a wrongful death claim in Tennessee?

The right to file a wrongful death claim is reserved for specific individuals related to the deceased. The parties eligible to file a wrongful death claim in Tennessee include:

Surviving spouse: If the deceased had a surviving spouse at the time of death, they have the first right to file a claim.
Surviving children: If there is no surviving spouse, then any surviving children of the deceased can file the claim. This includes biological children, adopted children, and stepchildren who were legally dependent on the deceased.
Surviving next-of-kin: If there are no surviving children or spouse, then the right to file falls to the deceased's next-of-kin. This can include:
- Parents (if the deceased was financially dependent on them at the time of death)
- Siblings
- Grandchildren
- Other blood relatives, depending on the specific circumstances
Personal representative: If none of the above family members are available or willing to file a claim, the personal representative of the deceased's estate may do so.

Our Gallatin wrongful death lawyers can determine if you are eligible to bring a claim and, if so, will walk you through the legal process with confidence.

What compensation is available in a Gallatin wrongful death claim?

In a wrongful death claim, compensation, also known as damages, may be available to the surviving family members to address the losses resulting from the death of their loved one. The types of compensation that may be awarded in a wrongful death claim can vary depending on the specific circumstances of the case. However, common types of compensation in wrongful death claims may include:

Medical and funeral expenses: Compensation may be awarded to cover the reasonable and necessary medical expenses incurred for the deceased person's treatment before their death, as well as funeral and burial expenses.
Lost income and support: Surviving family members may be entitled to compensation for the loss of financial support, including the income, benefits, and other financial contributions the deceased person would have provided to their family members if they had not died.
Loss of consortium: Compensation may be available to compensate the surviving spouse, children, or other eligible family members for the loss of companionship, guidance, support, and affection resulting from the death of their loved one.
Pain and suffering: In some cases, compensation may be awarded to compensate the surviving family members for the pain, suffering, mental anguish, and emotional distress they have endured as a result of their loved one's death.
Punitive damages: In cases involving particularly egregious conduct or intentional wrongdoing, punitive damages may be awarded to punish the responsible party and deter similar conduct in the future.

It's important to note the types and amounts of compensation available in a wrongful death claim can vary depending on your specific circumstances. Consulting with a qualified Gallatin wrongful death attorney can help surviving family members understand their rights and pursue the compensation they deserve for their losses.

How long do I have to file a Gallatin wrongful death claim?

Here in Tennessee, you only have one year from the deceased person’s passing to file your claim.

It's important for individuals considering filing a wrongful death claim in Gallatin to consult with a qualified attorney as soon as possible to ensure that they understand and comply with the applicable statute of limitations. Missing the deadline to file a lawsuit can result in the loss of your right to seek compensation for your damages. An attorney can evaluate the facts of the case, advise on legal options, and help ensure that your claim is filed within the required time frame.

What kinds of accidents lead to wrongful death?

Wrongful death can result from a wide range of accidents. Some of the most common types of accidents leading to wrongful death claims include:

Vehicle accidents: This encompasses car crashes, truck accidents, motorcycle accidents, pedestrian accidents, and bicycle accidents. These often involve negligent driving behaviors like speeding, distracted driving, driving under the influence, or reckless maneuvers.
Workplace accidents: These can occur in various industries and settings, often due to safety violations, faulty equipment, inadequate training, or employer negligence. Some examples include construction accidents, falls from heights, machinery accidents, exposure to hazardous materials, and electrocution.
Medical malpractice: Errors or negligence during medical treatment can lead to wrongful death. This can involve misdiagnosis, surgical errors, medication errors, failure to monitor patients properly, or inadequate follow-up care.
Premises liability accidents: These involve injuries or deaths occurring on someone else's property due to unsafe conditions, lack of maintenance, or inadequate warnings. Examples include slip and fall accidents, drowning in pools, fires, and injuries from falling objects.
Product liability accidents: Faulty or defective products can lead to wrongful death, including malfunctioning vehicles, hazardous household items, defective toys, and contaminated food or drugs.
Other accidents: This includes incidents like boating accidents, aviation accidents, and intentional acts of violence like homicides.

If you've lost a loved one in an accident you believe was preventable, talk with the Gallatin wrongful death lawyers at Rocky McElhaney Law Firm. We can assess your case, determine the potential for legal action, and guide you through the process.

Do you have a Gallatin wrongful death attorney near me?

Rocky McElhaney Law Firm has several locations throughout Tennessee to better serve our clients. We can also schedule phone or video consultations if you are too ill or injured to visit us.