Nashville Wrongful Death Lawyer

Nashville Wrongful Death Attorney

The sudden loss of a loved one can be one of the most traumatic things a person can experience. Trying to resolve a wrongful death claim with a Tennessee attorney who is not representing your best interests can be extremely difficult. With the right Nashville wrongful death lawyer, you can put this case in the hands of someone you can rely on and get dedicated legal support to hold the responsible party liable.

Hire a Wrongful Death Lawyer You Can Trust

At the Law Offices of Daniel L. Clayton, we know how hard these cases can be on a grieving family, which is why we do everything possible to shoulder the difficulties of a wrongful death claim.

Our attorney has built a reputation across middle Tennessee as a successful personal injury attorney, and he is ready to put 35 years of legal experience to work for you. Daniel L. Clayton can investigate the cause of your loved one’s death and help you get the financial recovery you need to move forward. These cases are incredibly difficult to manage while dealing with the loss of a loved one. You don’t have to go through it alone.

Seeking Justice Through Your Claim

A wrongful death claim is not about making money; it is about providing the surviving family with the resources they need to move forward after their loss while also holding the liable party accountable. Our goal in these cases is to maximize the compensation our clients earn so that they include costs such as:

• Economic damages. This includes lost income, loss of retirement contributions, and loss of health coverage.
• Non-economic damages. This includes loss of consortium, mental and physical suffering, and loss of life enjoyment.
• Punitive damages. These are awarded in rare cases to punish the responsible party for their actions that caused the death.

There are certain caps on some of these damages, but an experienced attorney can help you understand these limits and how you can get the most financial support from a claim. These damages can be crucial in keeping your family supported during this difficult time.

Time Limits on Wrongful Death Claims

While filing a claim like this may be the last thing you want to do, you only have one year from your loved one’s passing to do so, and filing sooner is always better than filing later. Instead of trying to make ends meet on your own after your loss, let our firm help you earn the peace of mind you need for the future.

Who Can File a Wrongful Death Claim in Nashville

Only close family members can file a wrongful death claim in Nashville. The beneficiaries of a wrongful death claim—those who can file—are close relatives of the deceased in the following order:

1. Their surviving spouse
2. Their children or other next of kin
3. The personal representative for their estate, on behalf of a surviving spouse, children, or next of kin
4. Their biological parents, if the deceased was in the custody of their parents and was not legally surrendered or abandoned
5. Their legally adoptive parents

Family members cannot file multiple cases. The order of succession and filing is also the priority that family members are given by the court in most cases. There may be some exceptions, such as if the surviving spouse abandoned the deceased.

If you are a close relative of someone and want to file a wrongful death claim, an experienced wrongful death lawyer can help you assess how to navigate family disagreements and the distribution of the wrongful death funds.

Common Causes of Wrongful Death Cases

Wrongful death cases can happen in many of the same accidents as personal injury cases. This includes:

• Car accidents. While many car accidents lead to minor injuries or only property damage, some lead to death. There were 98 fatalities in Nashville in 2025, according to the Tennessee Department of Safety and Homeland Security. Davidson County ranked as the fourth-highest county for overall crash rates, but luckily was ranked at 47th for fatal crash rates.
• Truck accidents. Commercial truck accidents are much more likely to cause serious damage, including death. In 2025, there were 15 fatal crashes involving commercial trucks in Davidson County, and these collisions led to 18 fatalities.
• Dangerous product accidents. Unreasonably dangerous products can cause serious injury and even death. Prescription drugs, household appliances, and tools could have dangerous defects, and family members may be able to hold the product’s manufacturer liable.
• Medical malpractice. Malpractice by medical professionals can include failing to diagnose life-threatening conditions, allowing someone to leave without proper monitoring of an injury, or making mistakes during surgery. There were 130 reports of medical malpractice payments made in Tennessee in 2024, totaling over $37 million. Some medical malpractice cases must be filed after the death of a loved one.
• Nursing home abuse. Negligent nursing home staff or staff who actively abuse nursing home residents can cause serious injuries and illnesses. When these cause a loved one’s death, family members could hold the staff or the nursing home itself liable.

Wrongful death cases are filed in civil court, which in Nashville is likely the General Sessions Civil Division.

Why Do You Need a Wrongful Death Attorney?

There are a lot of benefits when you work with an attorney for a wrongful death claim. These legally complex cases are not easy to navigate in any circumstances, and are even harder when you are dealing with a significant loss. An attorney can ease some of this stress by managing the specifics of your case and keeping you informed throughout the process. An attorney can:

• Gather important evidence about the fault and damages before they are lost
• Investigate the incident or accident that caused your loved one’s death
• File the correct legal information on time
• Negotiate for you with insurance companies or the at-fault party
• Represent you in court if the case goes to trial
• Advise you on the benefits and drawbacks of an out-of-court settlement compared to a trial verdict

FAQs About Nashville, TN Wrongful Death Laws

What Is the Wrongful Death Statute in Tennessee?

The wrongful death statutes in Tennessee are mostly found under Title 20 Civil Procedures, Chapter Five. Statutes outline the succession of a wrongful death claim to the deceased person’s beneficiaries, and the damages that can be recovered in a claim. These laws can be complex, and it is much easier to deal with a wrongful death claim when you hire a wrongful death lawyer.

Who Can File a Wrongful Death Claim in Tennessee?

Close family members can file a wrongful death claim in Tennessee, beginning with the deceased person’s surviving spouse. If there is no surviving spouse, the descendant’s children or next of kin can file. The personal representative of the deceased person’s estate can file on behalf of any of these parties. The deceased individual’s parents or parent, followed by their legally adoptive parents or parent, are next in line to file.

What Is the Wrongful Death Damages Cap in Tennessee?

There is a cap on non-economic damages in Tennessee of $750,000 for any civil claim for injury or death. This damage cap increases to $1 million when the loss is considered catastrophic, which includes certain severe injuries and the wrongful death of a parent who had legal custody of minor children. There are other situations where the cap may not apply, such as when the at-fault party caused injury or death with intent, or was impaired.

Are Wrongful Death Claims Successful?

Whether or not a wrongful death claim is successful will depend on the specifics of the claim. If someone died because of the negligence or misconduct of another party, that party is likely liable. If there is sufficient evidence that this party’s failure was the cause of the injuries that led to death, the case is likely to succeed. A wrongful death claim is more likely to succeed with the help of a wrongful death attorney.

Contact a Nashville Wrongful Death Lawyer For A Free Assessment

It can be hard to imagine what life will be like after losing your loved one, but Daniel L. Clayton can help bring you one step closer to that future with his compassionate and committed guidance in your wrongful death claim. Call our Nashville office at (629) 895-5444 or email Daniel L. Clayton here to schedule your initial consultation today.