Nothing is worse than losing a cherished loved one. Fortunately, if they were taken away by the negligence or recklessness of another, the law allows us to hold that person financially accountable for your loss. This article explains how to do so in Tennessee with a wrongful death claim, including:
Some deaths, while tragic, can be explained by pure accident, bad luck, or the will of a higher power. But sometimes there is an added layer of injustice, someone who acted wrongly, or who should have been able to save them causing their death.
If your loved one’s passing was caused by such negligence, callous recklessness, or professional misconduct, you may have the right to file a wrongful death claim against those responsible.
When a loved one dies unexpectedly, you’re often left with questions—wondering what happened, who can provide answers, and whether anyone may be responsible.
For instance, if a loved one passes away after what was supposed to be a routine surgery or while under constant care in a nursing home, how would you know if medical malpractice is involved? The doctors will certainly not be telling you.
One of the first things you should do – and often the only way to get a clear answer – is to reach out to an experienced lawyer who is familiar with wrongful death laws and cases. They will have an understanding of the conditions required for a valid claim and can even help launch an investigation to help you figure out how this happened.
Wrongful death claims can arise in a wide range of circumstances where negligence or misconduct leads to the loss of someone’s life. Some of the most common situations where this occurs are…
Trucking accidents are dangerous, deadly, and quite complicated – but when our team starts an investigation, we often find negligence on the part of the driver or the trucking company.
If the investigation reveals the truck driver was too tired or had exceeded the allowed hours on the road, the driver—and sometimes the company—could be held liable.
The trucking company may also be responsible if it failed to conduct regular inspections or maintenance, leading to unsafe driving conditions.
If the company didn’t keep accurate logs of driver hours or failed to ensure the truck was roadworthy, this negligence can form the basis of a wrongful death claim.
In healthcare settings, wrongful death can occur due to a breakdown in communication between medical professionals.
For example, if crucial information about a patient’s condition is not communicated accurately or timely, this can lead to fatal errors in treatment. In other cases, inadequate patient monitoring or failing to follow established protocols can result in wrongful death.
In both types of cases, these connections are not always immediately apparent. That’s why working with an experienced wrongful death attorney is so essential to uncover the critical details necessary to hold the responsible parties accountable.
If you contact a wrongful death attorney after losing a loved one, the investigation process should not fall on your shoulders. With that said, there are some key pieces of evidence you can provide to get things started:
You should also share information about the family of the person who has been lost.
Once you decide to start this journey, your attorney will often provide a step-by-step guide to what they need for you to start collecting and sending over.
At the Law Offices of Daniel Clayton, we go beyond just gathering evidence in wrongful death cases. We believe it’s important to truly understand who your loved one was, not just as part of the legal process, but because we care. For example, we’ve asked clients to share photos of their loved one throughout their life—not as evidence, but to see the person behind the case.
Putting a face to the name of the person we are fighting for matters to us. Your loved ones are not just case files or numbers; they are real people with rich, meaningful stories. We take the time to sit down with you, learn about who they were, and understand the full extent of your loss—emotionally, personally, and financially. This personal connection helps us advocate more effectively for the justice you and your family deserve.
In a Tennessee wrongful death case, damages are calculated to represent the full extent of the losses suffered by you and your family. These damages fall into several categories:
Compensation for the medical expenses related to the treatment of the injuries that led to your loved one’s death.
Costs associated with the funeral and burial.
The pain and suffering your loved one experienced between the time of injury and death.
This includes the income your loved one would have earned leading up to their death, even covering services provided by a homemaker.
Compensation for the loss of quality of life between the date of injury and death.
This refers to the future earning capacity your loved one would have had over their lifetime, including potential career growth. In calculating this, certain living expenses, such as food, clothing, and shelter, are subtracted.
Often referred to as loss of consortium, this compensates for the emotional impact on the surviving spouse and children, including the loss of companionship, guidance, and support.
Wrongful death claims, especially those involving medical malpractice, can be particularly challenging in Tennessee. Hospitals and healthcare providers often have access to top experts to defend their cases, and state law requires a unanimous decision from all 12 jurors to win.
But just because these cases are challenging, it does not mean they are impossible to win – especially when justice is on our side. If we can show that healthcare providers were basing their decisions and their opinions solely upon a doctor’s orders and that they ignored the input and perspective of family members, we can undermine their claims.
In Tennessee, many medical malpractice cases end in favor of the healthcare provider, but when they believe they can’t win, they often settle before going to court. We’ve successfully secured these outcomes for our clients many times. These moments are what drive us. We work for those times when a jury truly sees the victim and their loved ones, believes their story, and holds the doctors or healthcare providers accountable. Those victories mean everything to our team—and, most importantly, to people like you.
For more information on How To File A Wrongful Death Claim In Tennessee, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (629) 287-0044 today.