Wrongful Death in Tennessee

Nashville Wrongful Death Lawyers

The death of a loved one is one of the hardest experiences any family can face. When that loss is caused by someone else’s negligence or wrongdoing—a careless driver, a dangerous product, an unsafe job site—the grief is often mixed with anger, confusion, and a deep sense of injustice. On top of the emotional pain, families are left to deal with medical bills, funeral expenses, lost income, and a future that suddenly looks very different.

Freeman & Fuson has experience helping Tennessee families who have lost a loved one due to another’s fault. We understand that no lawsuit can ever replace the person you lost. What a wrongful death claim can do is hold the responsible party legally accountable and provide the financial support your family needs to move forward.

Wrongful death and survival actions in Tennessee are governed by T.C.A. §§ 20-5-106–20-5-113, along with Tennessee’s personal injury and damages statutes in T.C.A. Title 29, and the one-year statute of limitations found in T.C.A. § 28-3-104. These cases are complex—legally, emotionally, and financially—and you shouldn’t have to navigate them alone.

Practice Areas 

Navigating Your Loss with Compassion and Experience

At Freeman & Fuson, we understand that a wrongful death case is far more than just a legal file. It’s your spouse, your child, your parent, or another loved one whose life was cut short. We handle these cases with a combination of compassion, honesty, and aggressive advocacy.

Why families choose Freeman & Fuson for wrongful death cases:

Our goal is to remove as much financial stress from your shoulders as possible while we handle the legal battle.

What Is a Wrongful Death Case in Tennessee?

A wrongful death claim arises when a person dies as a result of another’s negligence, recklessness, or intentional act. Under T.C.A. § 20-5-106, the claim that the deceased person could have brought for personal injuries if they had survived essentially passes to certain family members or the estate.

Common causes of wrongful death include:

• Car accidents (including drunk, distracted, or reckless driving)
• Motorcycle accidents
• Tractor-trailer and commercial truck crashes
• Workplace and industrial accidents
• Dangerous or defective products
• Medical negligence (in appropriate cases)
• Other preventable incidents caused by careless or wrongful conduct

Who can bring a wrongful death claim, and how the proceeds are distributed, depends on Tennessee law—often involving the surviving spouse, children, or parents, and sometimes the personal representative of the estate under T.C.A. §§ 20-5-106–20-5-110. We help families understand these rules and make sure the claim is filed in the correct way and on time.

What to Do After a Car Accident in Tennessee

Wrongful death claims in Tennessee combine elements of the decedent’s own claim (what they could have recovered if they had lived) and the family’s claims for their losses.

Depending on the facts, recoverable damages can include:

• Medical expenses related to the final injury or illness
• Funeral and burial costs
• Lost income and future earning capacity the deceased would have provided
• Pain and suffering of the deceased before death
• Loss of consortium, companionship, care, and guidance for surviving family members
• Loss of the value of the decedent’s life to their loved ones
  

Tennessee also has statutes addressing certain damage issues and limitations in T.C.A. §§ 29-39-101–29-39-104, including potential caps on non-economic and punitive damages in some cases. We evaluate every case carefully to identify all categories of damages that may apply and how Tennessee’s statutes affect your claim.

The Importance of Acting Quickly

Wrongful death claims in Tennessee are subject to strict time limits. In many cases, the statute of limitations is one year from the date of death under T.C.A. § 28-3-104, though there can be exceptions or nuances depending on the circumstances (for example, certain medical malpractice or governmental liability cases). Evidence can also disappear or be destroyed if not preserved early.

Prompt legal action allows us to:

• Investigate the scene and gather physical evidence
• Obtain police reports, employer records, and incident reports
• Identify and interview witnesses while memories are still fresh
• Preserve electronic data (black boxes, surveillance, phone records)
• Coordinate with experts in accident reconstruction, economics, or industry standards

The sooner you call, the more effectively we can protect your family’s rights.

How Freeman & Fuson Handles Wrongful Death Cases

Our approach typically includes: