Filing a Wrongful Death Claim After a Fatal Car Accident in Tennessee

The sudden loss of a loved one in a car accident is one of the most devastating experiences a family can endure. When that loss is caused by another person’s negligence or recklessness, the grief is often compounded by a deep sense of injustice and the painful awareness that the death could have been prevented. At The Law Offices of John Day, P.C., we help families take meaningful legal action through wrongful death claims. With offices in Brentwood, Nashville, and Murfreesboro, our attorneys serve families across Davidson County and throughout Middle Tennessee, providing compassionate guidance and strong advocacy through every step of the process.

A wrongful death claim is a civil action that allows certain family members or the estate of a deceased person to recover compensation when a fatality results from negligence, recklessness, or intentional wrongdoing. In the context of a car accident, a wrongful death claim may arise when a crash is caused by an impaired driver, a distracted motorist using a cell phone, a commercial truck driver who violates safety rules, or a government agency that fails to maintain a safe roadway. These claims may also stem from fatal accidents caused by defective vehicles or auto parts. The primary purpose of a wrongful death claim is twofold: to hold the responsible party accountable and to provide financial relief to the family members and estate of the deceased.

Who May File a Wrongful Death Lawsuit in Tennessee

Tennessee law defines a specific order of individuals who may bring a wrongful death action. According to Tennessee Code Annotated section 20-5-106, the right to file a wrongful death claim belongs first to the surviving spouse. If there is no spouse, the right passes to the children of the deceased. If there are no surviving children or spouse, the next of kin may file the lawsuit. In cases where the deceased was a minor or an unmarried adult, the parents are often the ones with the legal right to file. If no eligible family member is available, the personal representative of the estate, such as an executor or administrator, may pursue the claim.

While only one party is designated to file the lawsuit, the financial recovery obtained through the claim may be distributed among all beneficiaries who are legally entitled to share in the damages. So, for example, if a husband is killed in a truck wreck caused by negligent truck driver and leaves behind a spouse and three children, any proceeds of a wrongful death lawsuit will be divided between the surviving spouse and the three children. The spouse will received one-third of the net proceeds and the surviving children will each receive one-third of the remaining two-thirds of the net proceeds. Our team helps families coordinate the legal and procedural requirements involved, ensuring that all eligible parties are considered, any monies will be distributed as required by law,  and that the case is handled with care.

Deadlines for Filing a Wrongful Death Claim

The time to file a wrongful death lawsuit in Tennessee is limited. Under Tennessee Code Annotated section 28-3-104, most claims must be filed within one year from the date of of the incident which caused the injuries which later resulted in death. This statute of limitations is strictly enforced. If the claim is not filed within that period, the right to recover damages may be permanently lost.

What You Must Prove in a Wrongful Death Claim

To prevail in a wrongful death lawsuit following a fatal motor vehicle accident, the family or estate must prove several key elements. First, it must be shown that the defendant owed the deceased a duty of care. This includes the obligation to operate a vehicle safely, follow traffic laws, and avoid putting others in harm’s way. Second, the plaintiff must demonstrate that the defendant breached that duty, which may involve behaviors such as speeding, impaired driving, failing to yield, texting while driving, or ignoring traffic signals.

The third element involves causation. There must be a direct link between the defendant’s conduct and the death. Lastly, the plaintiff must demonstrate that the death resulted in specific damages, both to the deceased person and to the surviving family members. Evidence in these cases often includes police reports, medical records, eyewitness statements, surveillance or dash camera footage, cell phone data, vehicle black box data, and expert testimony in areas such as accident reconstruction, vehicle mechanics, or toxicology.

Types of Damages Available in a Tennessee Wrongful Death Case

Tennessee law allows for the recovery of both economic and non-economic damages in wrongful death cases. These fall into two categories. The first includes damages suffered by the deceased person between the time of injury and death. This may involve medical expenses, conscious pain and suffering, lost income the person would have earned, funeral and burial costs, and the overall loss of enjoyment of life.

The second category compensates the surviving family members for the personal and financial losses they have suffered. These damages may include loss of financial support, the value of lost household services and caregiving, and the loss of companionship, love, and guidance. In cases where the at-fault party engaged in especially egregious conduct, such as driving under the influence or engaging in road rage, punitive damages may be awarded to punish the wrongdoer and deter similar behavior in the future.

Common Causes of Fatal Car Accidents

Many different forms of negligent behavior can give rise to a wrongful death lawsuit after a fatal crash. Some of the most common causes include driving under the influence of alcohol or drugs, distracted driving involving phones or GPS devices, aggressive driving, excessive speeding, and driver fatigue, particularly among commercial drivers. Fatal crashes may also occur due to failure to obey traffic laws, defective auto parts, faulty vehicle design, or hazardous road conditions resulting from poor maintenance by a public agency.

In each of these situations, if the death could have been avoided through reasonable care or proper safety measures, Tennessee law allows the surviving family to pursue compensation through a wrongful death claim.

Our Approach to Investigating and Building Strong Cases

At The Law Offices of John Day, P.C., we understand that no amount of legal action can replace a loved one. Still, we have seen how justice and compensation can provide surviving families with both emotional closure and practical financial support. Our team starts by conducting a thorough investigation into the circumstances of the crash. We collect and review police and medical reports, scene photographs, dash cam or surveillance footage, and witness statements. When applicable, we analyze black box data and consult with accident reconstruction experts and medical specialists to establish causation and liability.

We also work with economists, financial analysts, and vocational experts to calculate damages accurately. This includes assessing lost earnings, estimating future income, valuing lost household contributions, and quantifying non-economic losses such as companionship, guidance, and support. Our attorneys take on all communication with insurance companies, defense attorneys, and opposing parties so that the family can focus on grieving. We also assist with related estate matters, including probate, administration, and coordination with any ongoing criminal investigations.

Comparative Fault in Tennessee Wrongful Death Claims

Tennessee follows a modified comparative fault rule in wrongful death cases.This rule allows a family to recover compensation even if the deceased was partially responsible for the crash, as long as they were less than fifty percent at fault. If the deceased is found to be fifty percent or more responsible, the claim is barred. If the deceased’s fault is determined to be below fifty percent, the total damages are reduced proportionally.

For example, if a jury awards a family $1,000,000 in damages but finds that the deceased was twenty percent at fault, the family would receive $800,000. Because insurance companies may try to place blame on the deceased to reduce their financial liability, it is crucial to conduct a comprehensive investigation and respond decisively to any attempt to shift fault unfairly.

Our Commitment to Families Across Middle Tennessee

Our firm proudly serves families throughout Middle Tennessee who are dealing with the unthinkable pain of losing a loved one in a fatal crash. With offices located in Brentwood, Nashville, and Murfreesboro, we are easily accessible to clients in Davidson, Williamson, Rutherford, Sumner, Wilson, Maury, and Cheatham counties. Our attorneys are familiar with the local courts, traffic enforcement authorities, medical providers, and accident reconstruction experts that often play a role in these cases. This local insight helps us move quickly and effectively to preserve evidence and begin building your case from the earliest stages.

No Upfront Cost and No Legal Fees Unless We Win

We understand that the financial burden following a sudden death can be overwhelming. That is why we handle wrongful death cases on a contingency fee basis. There are no upfront costs, no hourly rates, and no out-of-pocket legal expenses. You will only owe a fee if we recover compensation on your behalf. We also offer free, confidential consultations so that families can speak with an experienced attorney without any financial pressure.

During your consultation, we will listen to your story, answer your questions, and help you understand the legal options available to your family. We will explain how Tennessee’s laws apply to your case, what evidence may be needed, and what steps come next.

Contact The Law Offices of John Day, P.C.

If you have lost a loved one in a car accident caused by someone else’s negligence, we are here to help. We know that taking legal action is never easy during a time of mourning, but we also know how important it can be to secure justice and protect your family’s future.

Call The Law Offices of John Day, P.C. today at 615-742-4880 or contact us online to schedule a free consultation. Let us help you take the first step toward accountability, healing, and closure. We will handle your case with compassion, commitment, and integrity—every step of the way.