Knoxville, TN Wrongful Death Lawyers

Compassionate legal representation for families of deceased accident victims

Nobody should have to lose a loved one because of someone’s negligent or intentional misconduct. But when this happens, surviving family members may have the right to seek compensation for the resulting financial and personal losses. It starts with hiring an experienced wrongful death attorney in Knoxville, TN.

Although legal action cannot bring back your loved one, it can bring a measure of peace and justice to your family. Find out how Banks & Jones, Attorneys at Law, can serve your family today. We’re ready to advocate for you with the compassion and professionalism you need in these trying times.

Table of contents

Why should you hire Banks & Jones?

After the death of a close family member, survivors are grieving the loss and stressed by the financial impact. During this time of uncertainty, you need a law firm that is steady and objective. This is the essence of committed legal advocacy.

At Banks & Jones, we understand that you want timely closure. When you hire us, we pursue both litigation and, if possible, settlement. That’s because while wrongful death settlements in Tennessee are common, not every case settles. We will attempt to settle your case, but we are not afraid to go to trial if necessary.

Wrongful death cases can be complex. Some of them are resolved in a few months, while others take up to a year or more. These complexities stem from such reasons as:

  • The time and effort it takes to investigate and compile evidence
  • Difficult questions of liability that need to be sorted out
  • Expert witnesses who must explain the financial repercussions of the wrongful death
  • The need for accident reconstructionists to testify about the death and how it indicates liability

We recognize these issues and have a track record that proves we are up to the challenge. While past results do not guarantee future ones, they demonstrate our legal skill and dedication to our clients. Some of our successful verdicts and settlements include:

  • $8.1 million was won in a wrongful death verdict
  • $7 million from a wrongful death judgment ($5 million in compensatory damages, $2 million in punitive damages)
  • A multimillion-dollar confidential settlement for wrongful death and catastrophic injury
  • A substantial confidential wrongful death settlement resulting from a deadly housing fire

The basics of Tennessee wrongful death law

When someone’s negligent or intentional acts or omissions result in someone else’s death, certain eligible survivors can file a wrongful death action. The purpose of filing one of these lawsuits is to seek monetary compensation from the at-fault party (the individual, corporation, or other entity that caused the death).

One of the main reasons that families file these lawsuits is because of the financial consequences of a loved one’s death. Economists and vocational experts argue that the most significant financial impact of a wrongful death is often the lost income, which can reach into the hundreds of thousands or even millions of dollars.

But a wrongful death lawsuit isn’t just about money. These claims also bring justice and peace to families who are forced to grieve the loss of a spouse, parent, or child. They help families hold others accountable, including large corporations and, in appropriate cases, government entities.

What to know about survival actions

In many states, both wrongful death and survival actions are available when someone dies due to negligence or intentional wrongdoing. They share some similarities but are also different from each other:

  • Wrongful death is concerned with the damages that result from a person’s death, like funeral expenses and lost financial support.
  • Survival actions account for damages the deceased victim would have been able to claim had they survived, such as their final medical bills and the pain and suffering they experienced before death.

Tennessee has a “hybrid” approach because the state’s wrongful death statute permits recovery for both the decedent’s own injuries before death (similar to a survival action) and losses that the decedent’s beneficiaries incur (like a wrongful death action).

Steps of filing a Knoxville wrongful death claim

Working with a Knoxville wrongful death lawyer, most families will generally follow these basic steps to file a lawsuit:

  • Preserve all relevant evidence: Before you file a lawsuit, gather such evidence as the death certificate, medical bills, income records, police reports, photographs, and more.
  • Consider opening a probate estate: You may need to take this step if there is no surviving spouse or there are disputes among beneficiaries.
  • Identify the liable parties: These may be negligent drivers, trucking companies, hospitals, and others. Sometimes there is more than one liable party.
  • Calculate the damages: Your attorney can explain the various damages that you may be able to request in your lawsuit.
  • File and serve your complaint: The complaint (lawsuit) is typically, but not always, filed in the county where the wrongful death occurred, and then served in accordance with Tennessee civil procedure rules.

From this point, your lawyer can direct the course of litigation. It will usually include discovery and mediation. Mediation involves a neutral third-party mediator who doesn’t decide the case but attempts to facilitate productive negotiations aimed at reaching an out-of-court settlement. With mediation, a family can potentially avoid the time and emotional stress of a trial.

Who can file a Knoxville wrongful death lawsuit?

Under Tennessee law (TN Code § 20-5-106 (2024)), there is an order of who is allowed to file a wrongful death lawsuit. It generally proceeds as follows:

  • Surviving spouse: If the decedent was married at the time of death, the surviving spouse is first in line to file a wrongful death lawsuit.
  • Children: If there was no spouse, then the right to file passes to the decedent’s children.
  • Parents: If there were no spouse or children, then the parents of the decedent can file.
  • Next of kin: This next category may include siblings, cousins, or grandparents.

A personal representative of the estate, typically an executor or administrator, may have to file cases involving disputed heirs.

Damages in a Knoxville wrongful death action

The objective of filing a wrongful death claim is to seek monetary damages from the at-fault party. In Tennessee, the wrongful death damages that may be available in your case include:

  • The decedent’s final medical bills
  • The income the decedent lost before death
  • Loss of the decedent’s earning capacity and future income
  • Pain and suffering, and mental and emotional anguish, the decedent experienced before death
  • Funeral and burial costs
  • Loss of services and care the decedent would have provided
  • Loss of consortium, companionship, and familial relationship

In rare cases, the court may award punitive damages. However, these are only available in cases involving intentional, fraudulent, malicious, or reckless conduct. Ask your Tennessee wrongful death lawyer if your case qualifies for punitive damages.

Types and causes of wrongful death in Knoxville

Understanding the various kinds of wrongful death cases and how they happen can help you and your family make a compelling argument for monetary compensation. Some examples include:

  • Car accidents: Fatal car accidents commonly result from drunk driving, distracted driving, speeding, and other forms of reckless driving.
  • Truck accidents: These can be fatal due to the size and weight of trucks. Liability can point beyond the driver, for example, to the trucking company.
  • Motorcycle accidents: Since motorcycles don’t have protective frames and airbags like passenger vehicles have, accidents can be fatal even with a helmet.
  • Pedestrian and bicycle accidents: Similarly, pedestrians and bicyclists are simply no match for larger, heavier cars and trucks.
  • Construction site accidents: Defective machinery, falls from heights, and exposure to toxic substances are often the causes of these accidents.
  • Medical malpractice: More than simply a mistake, medical malpractice includes delayed and failed diagnosis, medication and anesthesia errors, and failure to monitor the patient.
  • Product liability: Consumer products can be deadly due to a manufacturing defect, design defect, or failure to warn or include proper instructions for use.
  • Nursing home abuse and neglect: Nursing home and assisted living facilities may abuse patients or neglect patients, or engage in other negligence like administering the wrong medication or allowing the patient to wander off.
  • Premises liability: A victim can suffer a fatal accident like a slip and fall or be the victim of violent crime on someone else’s property.

Knoxville’s deadliest roads

Car accidents are a leading cause of wrongful death. Certain roads, highways, and interstates in and around Knoxville have developed a reputation for being among the deadliest. They include:

  • Interstate 40 through Knoxville’s west side: Heavy truck traffic and commuters make a deadly combination.
  • Chapman Highway corridor: The site of numerous annual injuries, many of which are fatal.
  • North Broadway: Congestion, distracted driving, and even road rage are common.
  • Alcoa Highway: Traffic moves quickly in this area, and aggressive driving poses a danger.
  • Clinton Highway (US-25W): This area is particularly deadly for pedestrians and cyclists.

Is there a Knoxville wrongful death attorney near me?

If you are looking for a fatal accident attorney in Knoxville, Banks & Jones is ready to represent you. We are located west of downtown Knoxville at 2125 Middlebrook Pike. Drivers throughout the region can conveniently access our law firm due to our close proximity to I-40.

We are near the historic Middlebrook area and the Western Avenue commercial corridor. Our firm is also near the busy environment of the University of Tennessee, Knoxville. So if you have suffered a family loss in any of these areas, we invite you to visit our office and learn more about your legal options.

Frequently asked questions for Tennessee wrongful death lawyers

How much is a wrongful death case worth?

The value of a wrongful death case can broadly range from tens of thousands to several million dollars. Relevant factors include the decedent’s age and life expectancy at the time of death, the decedent’s earnings and earning capacity, the number of beneficiaries the decedent leaves behind, the circumstances of the death, and the medical bills and funeral and burial costs.

Expert witnesses play an important role in determining the value of a wrongful death claim. For example, an economist can calculate the financial value of the decedent’s lost future income and benefits. A vocational expert can discuss what the victim’s career path might have looked like. And an accident reconstructionist can explain the cause of the death.

How long do I have to file?

The general statute of limitations or deadline to file in Tennessee is one year after the claim accrues, which is often the date of death. Exceptions may apply, so speak with an attorney quickly. Missing the applicable filing deadline can bar you from recovering monetary damages.

Do wrongful death cases go to trial?

Although these cases can go to trial, they often do not. One of the main reasons is that there is a high financial risk on both sides of going to trial. Put simply, families and insurers often prefer the sureness of a settlement versus the chance that the jury will not side with them.

Insurance companies, in particular, do not like the risk of trial. However, that does not mean they won’t raise defenses during settlement negotiations. These include the absence of any evidence of negligence, comparative negligence, pre-existing conditions, or contesting causation.

Whether your case proceeds through settlement or litigation, you need exceptional legal counsel on your side. Talk to our firm about your options and how we can develop a personalized strategy for your claim.

Contact our Knoxville, TN wrongful death lawyers

Our sympathies go out to anyone who has had to endure the loss of a family member because of the irresponsible behavior of others. If this has happened to you, let us explain more about how we can assist you. Schedule your free case evaluation with Banks & Jones today.