Chattanooga Wrongful Death Attorneys

Helping families move forward after tragedy strikes

For many of us, family means everything. Not only do we count on our loved ones for mental and emotional comfort, but we may also rely on them for necessary financial support. When someone’s negligence or recklessness causes the untimely death of a family member, you are left to deal with incredible grief, along with the resulting financial responsibilities.

At Wagner Workers Compensation & Personal Injury Lawyers, our experienced Chattanooga wrongful death lawyers represent families who have lost those dearest to them due to another person’s negligence. We know that retaining our services cannot erase your pain and suffering, but it is our hope that a substantial financial compensation award will alleviate some of the stress experienced by you and your family.

How can we help?

Who can file (and benefit from) a wrongful death claim in Chattanooga?
What types of accidents cause wrongful deaths in Chattanooga?
What compensation can wrongful death beneficiaries receive in Tennessee?
How does my wrongful death case relate to any criminal charges?
How do you prove liability and damages in wrongful death cases?
What is the time limit for filing a wrongful death claim in Tennessee?
Do you have a Chattanooga wrongful death lawyer near me?

Who can file (and benefit from) a wrongful death claim in Chattanooga?

Tennessee law specifies who is legally eligible to file a wrongful death lawsuit and who is entitled to compensation.

Generally, the following people have the right to file a wrongful death claim:

A surviving spouse typically has the first right to file suit.
If the deceased individual was not married at the time of death, the next of kin may pursue the claim (depending on statutory priority).
Under some circumstances, the personal representative (an executor of a Will or a court-appointed administrator) of the deceased individual’s estate may file a lawsuit on behalf of the estate and surviving heirs.

We can explain the percentage that each relative/heir is entitled to, depending on who the surviving family members are.

Minors (if there is no living parent) may need to have a guardian appointed to handle their claim and a trustee appointed to handle any recovered damages until they turn 18.

What types of accidents cause wrongful deaths in Chattanooga?

Since 1945, our team has been assisting Chattanooga families through the process of investigating and pursuing wrongful death claims. We use this valuable experience to examine the events that led up to the death and identify all responsible parties.

The basis for a wrongful death claim depends on the type of activity that resulted in your loved one’s fatality. While car accidents are among the most common types of wrongful death cases we handle, our skilled wrongful death attorneys also assist with wrongful death cases involving:

What compensation can wrongful death beneficiaries receive in Tennessee?

Once our knowledgeable personal injury lawyers assess the appropriateness of a wrongful death suit, we then determine what amount of compensation should be sought. Under some circumstances, the court may also award a punitive damage amount. Punitive damage awards serve to punish the wrongdoer, while providing the victim with increased compensation.

We seek the following wrongful death damages:

The damages that your loved one would have been able to claim if he or she had lived, including any lost wages or pain and suffering in cases where the death was not immediate.
Funeral and burial expenses.
The lifetime earnings lost due to the premature death of the decedent.
The loss of comfort, society, and love that the decedent would have provided.

Proving the amount of damages

Typically, a financial professional who has experience analyzing the value of death cases will be consulted. This professional will review many factors to arrive at the value of the damage.

Some of the factors this expert will review include:

The life expectancy of the decedent.
The type of work the decedent did.
The income of the decedent before the accident.
The projected income the decedent would have earned.
The value of any benefits, including retirement benefits, vacation pay, and other benefits.
The cost to pay for outside services the decedent would have performed. (This can include the cost of caring for the children, home maintenance, and many other tasks).
The ages of the spouse, children, and other entitled family members.

How does my wrongful death case relate to any criminal charges?

If the death was due to criminal conduct, then normally the criminal case can proceed first. Often, a conviction can help force a settlement or be used to show fault in the civil case. A common example is when someone you love was killed by a drunk driver. The DUI case will likely be tried first.

There is no requirement, however, that the death was intentional or reckless. There is no requirement that the prosecutors file criminal charges.

If someone negligently but accidentally causes someone else to die, family members (or the personal representative) can still file a wrongful death claim.

How do you prove liability and damages in wrongful death cases?

Wrongful death cases are complicated by the fact that the victim can’t testify as to what happened. Since many cases turn on the testimony of the witnesses, this can make proving fault more difficult. Our experienced Chattanooga wrongful death lawyers work with investigators, the police, product safety experts, traffic reconstruction engineers, and other witnesses to help prove the death was someone else’s fault.

What is the time limit for filing a wrongful death claim in Tennessee?

In Tennessee, you have one year from the date of the death to file a claim. For this reason, the person filing the claim on behalf of their loved one must speak with an experienced wrongful death lawyer as soon as possible.

Do you have a Chattanooga wrongful death lawyer near me?

Yes. We meet clients at 701 Market Street, Suite 310, Chattanooga, TN 37402. We also consult with family members and personal representatives by phone and through Zoom, FaceTime, and other online video platforms.

We’re here to answer your questions and explain your rights.

Contact the Chattanooga wrongful death law firm with a proven track record of skill and integrity

If you unexpectedly lost a loved one and feel you have grounds for a wrongful death case, contact the dependable wrongful death attorneys of Wagner Workers Compensation & Personal Injury Lawyers. Choose a legal team dedicated to providing your family with caring, quality legal advice you can trust. Call us today or complete our contact form to schedule a free consultation.

Wrongful Death