Clarksville wrongful death lawyers

Clarksville Wrongful Death Attorneys

Skilled representation after the loss of a loved one in Clarksville

After the loss of a loved one, speaking with a lawyer is probably the last thing on your mind. However, at Rocky McElhaney Law Firm, our Clarksville wrongful death attorneys want to help. We understand the grief you are suffering but also understand that you want to see justice and closure. To find out your rights to compensation, talk to our wrongful death lawyers today.

How can we help?

What is wrongful death?

Wrongful death refers to a legal cause of action that arises when a person's death is caused by the negligence, recklessness, or intentional actions of another party. In other words, it is a death that occurs due to someone else's wrongful conduct or failure to act reasonably.

Who can file a wrongful death claim in Tennessee?

In Tennessee, only certain family members can file a wrongful death claim:

  • Surviving spouse
  • Surviving children
  • Surviving next-of-kin
  • Personal representative or administrator of the deceased's estate

In most cases, the deceased person's spouse, child, or parent files the claim. If there is no appropriate family member to file the claim, the personal representative or administrator of the deceased's estate can initiate the action.

“Next of kin” can refer to a person's siblings, aunts, uncles, nieces, nephews, and other relatives. A non-family member will not qualify as next of kin.

What compensation is available in a Clarksville wrongful death claim?

Determining the value of a wrongful death claim in Clarksville involves a careful assessment of various factors unique to your case, including:

  • Economic damages. This includes quantifiable financial losses, such as medical expenses related to the final injury or illness, funeral and burial costs, and the loss of the deceased person's income and potential future earnings.
  • Non-economic damages. These are more subjective losses that are challenging to quantify, such as the emotional pain and suffering experienced by surviving family members, loss of companionship, and the impact on your quality of life.
  • Punitive damages. In cases of extreme negligence or intentional misconduct, punitive damages may be awarded to deter similar conduct in the future.
  • Liability factors. The extent to which the responsible party is deemed liable for the wrongful death will influence the overall value of the claim.
  • Insurance coverage. The insurance policies involved, including any liability coverage carried by the at-fault party, can affect available compensation.

It's essential to consult with a wrongful death attorney in Clarksville to thoroughly evaluate your case. The lawyers at Rocky McElhaney Law Firm can gather evidence, work with experts, and assess the full extent of your losses. Each case is unique, and the compensation will depend on the specific details surrounding the wrongful death. Our qualified attorneys can guide you through the legal process, advocating for your rights and helping you seek fair and just compensation for your family's losses.

How long do I have to file a Clarksville wrongful death claim?

Wrongful death claims must be filed within one year of the date of the death. Remember, the date of the injury is not always the same date as the death. Acting quickly is crucial, especially with such a short statute of limitations. Our attorneys can determine when you should file your claim, ensuring you don’t miss any deadlines. However, you must not delay.

What kinds of accidents lead to wrongful death?

Some of the incidents that can lead to wrongful death in Clarksville include:

When someone you love was killed due to the negligence of another, the Clarksville attorneys at Rocky McElhaney Law Firm want to help. We can investigate the circumstances of your loved one’s death and hold the right people and parties accountable.

Who is liable for my Clarksville wrongful death claim?

A wrongful death lawsuit can be brought against a wide variety of people, companies, government agencies, and employees. For example, if a drunk driver is involved in a car accident, both the driver or employer at fault could be defendants in a wrongful death action.

A wrongful death claim may apply if one person intentionally kills another. For example, if the defendant murders the victim, the defendant will face charges in a criminal case. The victim's family may also bring forth civil lawsuits for wrongful death against the defendant.

A wrongful death claim cannot bring the victim back and will not hold the defendant criminally liable, but it can give family members some monetary compensation for the death of a loved one.

The liable party or their insurance company pays compensation in wrongful death lawsuits. If the person who was responsible for your loved one's death did not have enough liability insurance coverage to fairly compensate you and other members of your family for your losses, the individual may be held personally responsible for the difference.

Do you have a Clarksville wrongful death attorney near me?

Rocky McElhaney Law Firm is located at 2197 Madison Street, Suite 103, Clarksville, TN 37043. We are near the intersection of Madison Street and Richview Road. There is also a bus stop at the intersection. We have a parking lot for your convenience. If you are unable to meet us in person, we are happy to schedule a phone or video conference.

Talk to our Clarksville wrongful death attorneys today

When you lose a loved one due to the negligence of another, you need legal help. The Clarksville wrongful death attorneys at Rocky McElhaney Law Firm are here for you. We will advocate for you throughout the legal process, working to secure the compensation you need for your damages and losses. To schedule a free consultation, call our offices or fill out our contact form. We also have offices in Nashville, East Nashville, Clarksville, Hendersonville, and Murfreesboro.

2197 Madison St.
Suite 103
Clarksville, TN 37043