Hendersonville wrongful death lawyers

Hendersonville Wrongful Death Lawyers

Holding individuals and companies accountable for the wrongful death of your loved ones in Hendersonville

No amount of compensation can ever fully compensate you for the loss of a spouse, child, or parent. At Rocky McElhaney Law Firm, we understand how crushing and devastating the death of a loved one is – especially when your loved one’s death was preventable. We respect your need to mourn and grieve. Our Hendersonville wrongful death lawyers work aggressively to hold the individuals and businesses accountable that failed to protect your loved one or prioritized their profits instead of your loved one. We work compassionately and thoroughly to show how the death of your loved one occurred, why it was preventable, and why the defendants should be held liable. We file wrongful death damages for the full amount of financial and personal damages Tennessee law permits.

Cases We Handle

Rocky McElhaney Law Firm: Car Accident & Injury Lawyers
475 Saundersville Rd.
Hendersonville, TN 37075
(615) 932-8600

Injury Attorney Rocky McElhaney

How can we help?

What conduct can lead to a wrongful death claim?

Tragically, some people die in Hendersonville due to the negligence or fault of individuals and businesses. No amount of money can ever bring your parent, spouse, or child back. When a loved one dies, the Hendersonville wrongful death lawyers at Rocky McElhaney Law Firm respect your need to grieve. We work to hold wrongdoers accountable to the full extent of Tennessee law. We fight for families when your loved one’s life is taken much too soon – due to the following types of negligence:

  • Vehicle accidents. Vehicle accidents are a leading cause of fatalities across the country. Drivers should be held accountable if they kill another driver, a passenger, a pedestrian, or a bicycle rider – due to drunk driving, distracted driving, speeding, driver fatigue, or any other reason. We file car accidents, truck accidents, motorcycle accidents, Uber or Lyft accidents, bus accidents, and other types of vehicle accident claims against the driver and any other responsible parties.
  • Premises liability accidents. Falls can be deadly especially if the victim is a senior citizen. Negligent security can cause deadly physical assaults. Property owners need to be held accountable when they fail to conduct routine inspections or repair known dangers.
  • Medical malpractice. Physicians are required to be competent for their specific type of specialty. For example, obstetricians and other birth delivery healthcare providers must know what complications may develop during the delivery of a newborn and be prepared to respond immediately. Medical malpractice in the delivery room and elsewhere can be fatal.
  • Product defects. Cars, trucks, and other vehicles must be equipped with properly functioning brakes, tires, electric systems, ignition systems, seatbelts, airbags, and other parts. When a defective product causes the death of your loved one, our Hendersonville wrongful death lawyers file claims against the manufacturers, distributors, and retailers. We also file wrongful death claims when electrical equipment and other products fail to protect your loved one.
  • Workplace accidents. Many deaths do occur while workers are doing their jobs. Some jobs, such as police work and construction work, are very dangerous. Healthcare workers are at risk of deadly infections. Anyone who uses their car for work is at risk of a deadly accident. Our Hendersonville wrongful death lawyers file wrongful death claims if a non-employee (such as a contractor) is killed while doing their job. We seek payment of workers’ compensation death benefits if an employee is killed while doing their job.

Our Hendersonville wrongful death lawyers also represent families when a loved one dies due to:

  • A dog bite
  • A construction accident
  • Work zone accidents
  • Drowning accidents
  • Succumbing to other serious injuries such as traumatic brain injuries or spinal cord damage
  • Other types of accidents

Which family members are entitled to wrongful death benefits in Tennessee?

In Tennessee, the beneficiaries of a wrongful death claim include:

  • The spouse of the decedent
  • The decedent’s children
  • Natural or adoptive parents
  • A personal representative of the estate – an executor of the will or someone who is appointed the administrator of the estate

Our Hendersonville wrongful death lawyers will explain which person formally files the claim, the rights of stepchildren, adoptees, and the damages that each family member is entitled to.

How do your lawyers handle wrongful death claims in Hendersonville?

At Rocky McElhaney Law Firm, our lawyers are respected across Tennessee for our compassion for our clients, our skills in proving that others are liable for the death of your loved one, and our record of successfully negotiating strong settlements and obtaining high jury verdicts.

Your loved one would have provided for the family members in different ways. Parents provide love and guidance so that their children live happy full lives. Spouses cherish each other in many ways. Children are the hopes and dreams of their parents.

The value of a wrongful death claim

Our Hendersonville wrongful death lawyers demand compensation to help honor your loved one’s wishes for each family member. We demand compensation for:

  • The funeral and burial costs
  • Any medical bills that are due on behalf of your loved one
  • Any pain and suffering of the deceased prior to death
  • The financial benefits (wages, inheritances, and other benefits) your relative would have earned had they survived
  • The value of the guidance, support, society, and companionship your loved one would have provided the family members

Generally, these damages cannot be attached by creditors.

Civil vs. criminal case

A wrongful death claim is a civil claim. The local prosecutors could file criminal charges if a driver were intoxicated or violated any traffic law, a property owner failed to comply with local building codes, there was an assault, or for other reasons.

In a civil case, there is no need for a criminal charge to be filed. Criminal charges provide a measure of justice and duly punish anyone who committed criminal conduct. Wrongful death claims compensate your family for the financial and personal losses you suffer. Wrongful death actions also send a message to the wrongdoers that there is a steep price to be paid for carelessness, negligence, and recklessness.

Our Hendersonville wrongful death lawyers coordinate your civil case with any criminal case. Normally, the criminal case will proceed first. We often can use the conviction itself or the evidence obtained during the criminal trial at your civil trial. For example, we may use the results of any breath tests the police conducted to show the driver who struck your loved one’s car was intoxicated.

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

You only have, at most, one year to file a wrongful death claim in Tennessee. The best course of action is to contact our experienced trial lawyers promptly. We’ll answer your questions and explain your rights. We’ll promptly hire investigators and other professionals, if necessary, to investigate your case so we know who the defendants are.

A prompt investigation is especially critical in a wrongful death case because your loved one is not alive to say what happened.

Once our preliminary investigation is complete, we can begin the litigation process which includes notifying the insurance companies that we represent you and filing complaints at the correct time.

Do you have a Hendersonville wrongful death lawyer near me?

Rocky McElhaney Law Firm meets families at our Hendersonville office located at 475 Saundersville Rd. We also conduct consultations by video conference since many relatives may not be local to Hendersonville or Tennessee.

We respect how devastating losing your loved one is. We caringly answer all your questions and advocate for you with the insurance companies and in court.

We also have offices in Nashville, East Nashville, Hendersonville, Murfreesboro, and Clarksville.

Get help now. Our Hendersonville wrongful death lawyers are ready to help you today

The death of a loved one is crushing. We appreciate that you’re in a lot of pain. We know you have a lot of questions about your loved one’s estate and your family’s right to compensation. At Rocky McElhaney Law Firm, our Hendersonville wrongful death lawyers are skilled at holding defendants accountable for the deaths they cause. We work with financial professionals who can help determine the value of your wrongful death claim. To assert your family’s right to compensation, call us or use our contact form to schedule a free consultation. We’ll help you get through this difficult time, honor your loved one’s memory, and fight for your family’s future.

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