Murfreesboro wrongful death lawyers

Murfreesboro Wrongful Death Attorneys

Compassionate help after the loss of a loved one in Murfreesboro

At Rocky McElhaney Law Firm, our Murfreesboro wrongful death attorneys recognize that no legal action can fully heal the void left by the loss of a loved one. However, holding those responsible accountable can provide a sense of closure and financial support for the surviving family. Our dedicated personal injury attorneys are committed to shouldering your legal burdens, allowing grieving families the space to focus on healing and closure.

Cases We Handle

Rocky McElhaney Law Firm: Car Accident & Injury Lawyers
2805 Old Fort Parkway
Murfreesboro, TN 37128
Phone: (615) 393-8583

Nashville personal injury lawyer

How can we help?

What is wrongful death?

Wrongful death is a legal term for a civil lawsuit filed by the survivors of a deceased person against the person or entity responsible for their death. The purpose of a wrongful death lawsuit is to compensate the survivors for their financial and emotional losses.

To succeed in a wrongful death lawsuit, the survivors must prove that the defendant's negligence or intentional act caused the decedent's death. Negligence is the failure to act as a reasonable person would in the same situation. Intentional acts include things like murder, assault, and battery.

Who can file a wrongful death claim in Tennessee?

In Tennessee, the right to file a wrongful death claim is typically reserved for specific individuals who are closely related to the deceased. The primary parties eligible to file a wrongful death claim in Tennessee include:

  • Spouse. The surviving spouse of the deceased has the primary right to bring a wrongful death action.
  • Children. If there is no surviving spouse, the deceased's children may have the right to file a wrongful death claim.
  • Parents. If the deceased had no surviving spouse or children, the parents of the deceased may have the right to file a wrongful death lawsuit.

It's important to note that these parties may have the right to file a claim individually or collectively. In some cases, if there are no surviving individuals within these categories, the personal representative of the deceased person's estate may have the right to file a wrongful death claim.

What compensation is available in a Murfreesboro wrongful death claim?

The value of your Tennessee wrongful death claim will depend on the specific facts and circumstances of your case, including:

  • The cause of death
  • The victim's age, health, and earning capacity
  • The victim's relationship to you and other surviving family members
  • The economic and non-economic losses suffered by you and your family

Under Tennessee law, there is a cap on non-economic damages in wrongful death claims, which is currently set at $750,000. However, there are a few exceptions to this cap, such as in cases of "catastrophic loss or injury." In those cases, the cap rises to $1 million.

To determine the value of your claim, a wrongful death lawyer will carefully review the facts and circumstances of your case and assess the following types of damages:

  • Economic damages. These damages compensate you for the financial losses caused by the victim's death, such as funeral and burial expenses, lost income, and medical expenses incurred before death.
  • Non-economic damages. These damages compensate you for the emotional and psychological losses caused by the victim's death, such as pain and suffering, loss of companionship, and loss of consortium.

In some cases, you may also be able to recover punitive damages, which are intended to punish the defendant for their reckless, egregious, or malicious conduct. Punitive damages are not capped in Tennessee wrongful death claims.

It is important to note that the value of your claim is not set in stone. The amount of compensation you ultimately receive will depend on the outcome of your case, which will be determined by a jury or judge.

If you have lost a loved one in a wrongful death accident, you should speak to an experienced Murfreesboro wrongful death lawyer to discuss your case and get a better understanding of your potential damages.

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

Here in Tennessee, you only have one year from the deceased person’s passing to file your claim. You must act quickly. There may be exceptions to this rule, but it is important to speak with a Murfreesboro wrongful death attorney as soon as possible so you don’t miss out on your chance to secure compensation for your loss.

What kinds of accidents lead to wrongful death?

Wrongful death can result from a variety of accidents, each rooted in negligence or intentional harm. Common scenarios that may lead to Murfreesboro wrongful death claims include:

  • Car accidents. Fatalities in car accidents often occur due to negligent driving, such as speeding, reckless behavior, or driving under the influence.
  • Truck accidents. Collisions involving large trucks can have devastating consequences, leading to wrongful death claims when negligence, such as driver fatigue or improper maintenance, is a factor.
  • Medical malpractice. Negligence or errors by healthcare professionals, including doctors, nurses, or hospitals, can result in wrongful death claims.
  • Workplace accidents. Fatalities in the workplace may occur due to unsafe conditions, lack of proper training, or employer negligence.
  • Defective products. Wrongful death claims can arise when a person dies as a result of using a defective or dangerous product, leading to product liability cases.
  • Dangerous premises. Fatalities on another's property may result in a wrongful death claim if inadequate maintenance or negligence contributed to the incident.
  • Criminal acts. Intentional acts of violence, assault, or other criminal activities that lead to a person's death may result in wrongful death claims, even if there are criminal charges as well.
  • Construction accidents. Fatalities on construction sites can occur due to safety violations, lack of proper equipment, or negligence on the part of contractors or employers.

Understanding the circumstances surrounding the death of a loved one is vital to determining whether there are grounds for a wrongful death claim. If you believe that negligence or intentional actions led to the loss of a family member, consulting with a Murfreesboro personal injury attorney can help you explore your legal options and seek justice on behalf of your loved one.

Do you have a Murfreesboro wrongful death attorney near me?

Rocky McElhaney Law Firm is located at 2805 Old Fort Parkway, Suite H, Murfreesboro, TN 37128. We offer plenty of parking and we’re just a few minutes’ drive from the Rutherford County Courthouse. If you are unable to meet us in person, we are happy to schedule a phone or video conference.

Murfreesboro wrongful death lawyers in your corner

If you've lost a loved one due to someone else's negligence or wrongful actions, the compassionate Murfreesboro wrongful death lawyers at Rocky McElhaney Law Firm are here to be your advocates. We understand the profound impact of such tragedies and are committed to guiding you through the legal process with empathy and expertise. Let us stand by your side, fighting for the justice your loved one deserves. Reach out today to take the first step towards accountability and closure. To schedule a free consultation, call our offices or fill out our contact form. We also have offices in Nashville, East Nashville, Clarksville, and Hendersonville.

Cases We Handle