Nashville wrongful death lawyer

Some phone calls change a family forever. A late-night call from the hospital, or a call from the police after a crash. When a death happens because another person acted carelessly, Tennessee law allows surviving family members to pursue a wrongful death claim. These cases focus on accountability and the financial impact the loss can place on a family.

Fatal accidents happen across the Nashville area every year. A driver may run a red light along Nolensville Pike. A construction worker might suffer a fatal fall on a job site near downtown. A patient could lose their life after a preventable mistake during medical treatment.

At Weir & Kestner Injury Lawyers, we represent families throughout Nashville, Smyrna, and Murfreesboro after fatal accidents. Our attorneys help families understand their rights under Tennessee law while guiding them through the legal process.

Call (615) 220-4180 to schedule a free consultation with a Nashville wrongful death lawyer.

When a death may lead to a wrongful death claim

Not every tragic loss leads to a wrongful death lawsuit. The law focuses on situations where a person’s actions caused a fatal injury. These cases often arise from serious incidents, including:

• Motor vehicle crashes
• Dangerous property conditions
• Workplace accidents
• Tractor Trailer Accidents

If the injured person had survived, the situation might have led to a personal injury claim. When the injury results in death, Tennessee law allows certain family members to bring the claim instead.

Why families speak with a wrongful death attorney

After a fatal accident, families are often left with difficult questions. They may be trying to understand who was responsible or whether insurance coverage applies.

Before representing injured people and families, Joe Weir and Tony Kestner worked on the insurance defense side. That perspective helps them understand how insurance companies approach and value fatal accident claims.

Communication also matters during wrongful death cases. Investigations can take time, and families deserve clear explanations about how the process works. Our experienced legal team keeps clients informed so they understand how the case is moving forward.

Families often appreciate:

• Regular updates from our legal team
• Flexible scheduling when meetings are needed
• Digital signing to simplify paperwork
• The opportunity to speak directly with an attorney once a case is qualified

How Tennessee wrongful death law works

Tennessee law allows certain family members to pursue a civil claim when a fatal injury occurs because of another person’s actions.

Under Tennessee Code §20-5-106, a wrongful death lawsuit continues the legal claim the deceased person could have brought if they had survived. Because the injured person is no longer able to pursue the case, the right passes to surviving family members or the estate.

Wrongful death cases are handled in civil court. Their purpose is financial recovery rather than criminal punishment. A criminal case might still happen if the circumstances involve a crime. The civil claim remains separate and follows its own legal process.

Who can file a wrongful death claim in Tennessee?

Questions about who has the legal right to file often come up while families are still trying to understand what happened. Tennessee law limits who may bring a wrongful death lawsuit. The right to file the claim generally follows a specific order. In many cases, the claim may be filed by:

• The surviving spouse
• The deceased person’s children
• A parent, if there is no spouse or children
• The personal representative of the estate

Compensation available in a wrongful death case

A wrongful death lawsuit may seek compensation related to both the deceased person’s losses and the impact on surviving family members. Damages in these cases can include medical expenses connected to the fatal injury, funeral and burial costs, and income the deceased person would likely have earned for their family.

The amount involved in a wrongful death claim depends on the facts of the accident, the financial impact of the loss, and the available insurance coverage.

Investigating fatal accidents in the Nashville area

Figuring out what actually happened is a key part of any wrongful death case.

Evidence often comes from several sources, including police reports and medical records. In some cases, surveillance footage from nearby businesses and witness statements help clarify how an incident occurred.

Nashville is growing rapidly, and serious accidents sometimes occur where traffic and development overlap. Busy corridors like Interstate 24, Murfreesboro Pike, and the downtown entertainment district see heavy traffic from residents, visitors, and commercial vehicles.

A careful and thorough investigation helps identify what led to the fatal injury and who may be responsible.

The deadline for filing a wrongful death claim in Tennessee

Tennessee has a strict deadline for injury claims. In most situations, a wrongful death lawsuit must be filed within one year of the date of death under Tennessee Code §28-3-104.

Missing this deadline can prevent a claim from moving forward. And since investigations and evidence collection take time, families often speak with a Nashville wrongful death attorney well before the deadline approaches.

What clients say about working with us

Families often reach out after one of the most difficult moments of their lives. Clear communication can make the legal process easier to navigate.

“Thankfully, I had the help of Weir & Kestner. They made what would’ve been a stressful, scary process so much easier.”

“We were well informed throughout this process and pleased with the outcome.”

“I would rate my experience with Weir & Kestner and their handling of my case a 10 out of 10.”

FAQs about Nashville wrongful death claims

What is considered a wrongful death in Tennessee?

A wrongful death occurs when a fatal injury results from another person’s actions. Tennessee law allows certain family members to pursue a civil claim seeking damages connected to the death.

How long do wrongful death cases usually take?

Some cases resolve through negotiations with insurance companies. Others require litigation when responsibility for the death is disputed.

Do wrongful death cases always go to court?

Many wrongful death claims resolve before trial through settlement negotiations. If the parties can’t reach a fair agreement, the case may proceed through the court system.

How much does it cost to hire a wrongful death lawyer in Nashville​?

Most wrongful death attorneys in Nashville handle cases on a contingency fee basis. This means the attorney’s fee is usually paid from the recovery rather than up front.

If you have additional questions about wrongful death claims, visit our wrongful death FAQs for more information.

Local resources after a fatal accident in Nashville

Metro Nashville Police Department
600 Murfreesboro Pike
Nashville, TN 37210

Vital Records at Metro Public Health
2500 Charlotte Avenue
Nashville, TN 37209

Alive Hospice – Grief Support Services
1718 Patterson Street
Nashville, TN 37203

Vanderbilt University Medical Center
1211 Medical Center Dr
Nashville, TN 37232

Tennessee Department of Health
710 James Robertson Pkwy
Nashville, TN 37243

Weir & Kestner Injury Lawyers – Nashville
3200 West End Avenue, Suite 500
Nashville, TN 37203

Speak with a Nashville wrongful death lawyer

Losing a loved one in a preventable accident can leave families searching for answers. Questions about responsibility and financial stability often follow in the months ahead. Our experienced team guides families through the legal process so you can focus on moving forward.

Call (615) 220-4180 or contact us online to schedule a free case evaluation with a wrongful death lawyer Nashville families can speak with directly at Weir & Kestner Injury Lawyers.