Nothing I do can bring back someone you love. What I can do is hold the people responsible accountable, make sure your family is cared for, and carry the legal fight so you don’t have to carry it alone.
I’m Robert Bates. I represent families across the Tri-Cities after deaths caused by car and truck wrecks, medical mistakes and dangerous property. One client came to me after his wife was killed in a wreck. Two other lawyers had told him the insurance company’s offer was fair. I settled his case for more than triple that offer.
Prior results do not guarantee a similar outcome. Each case is different.
Who can bring a wrongful death claim in Tennessee
Tennessee law sets a priority order for who controls the claim:
- The surviving spouse has the first right to bring the claim.
- If there is no surviving spouse, the children of the person who died.
- If there are no spouse or children, the next of kin, such as parents or siblings.
- The personal representative of the estate may also bring the claim.
There are exceptions. A spouse who abandoned the deceased spouse can lose the right to bring the claim, and a parent who abandoned a child can lose the right to recover. Only one wrongful death case can be brought for a death, so it matters who files and how.
What the claim can recover
A Tennessee wrongful death claim can include:
- Medical and funeral expenses
- The conscious pain and suffering of the person who died
- Lost earning capacity, what that person would have earned over a lifetime
- The pecuniary value of the life, which includes the loss of love, companionship and guidance to the family
Tennessee’s caps on noneconomic damages apply. The cap rises to $1,000,000 in certain catastrophic cases, including the wrongful death of a parent who leaves behind minor children.
The deadline
A wrongful death claim in Tennessee generally must be filed within one year of the death. If the death was caused by a medical mistake, the health care liability rules, including 60-day pre-suit notice and a certificate of good faith, also apply. See our medical malpractice page.
How I handle these cases
I meet with families where they’re comfortable, including at home. I handle the estate paperwork, the insurance companies and the investigation. I keep you informed without burying you in it. And I prepare every case as if it’s going to a jury, because that’s what gets insurance companies to take a family’s loss seriously.
Jury verdict against a nursing home. $4,475,000 judgment.
I was part of the trial team for the family of a man who died after his care at a Carter County nursing home. The jury found the nursing home reckless. After the trial, the court entered a $4,475,000 judgment, including $4,250,000 in punitive damages.
The nursing home appealed and argued the punitive award was too high. The Court of Appeals affirmed it, and the judgment was collected in full with interest.
Every case is different. A past result does not guarantee the same outcome in your case.
Talk to Robert directly.
Call or text (423) 765-1215. There’s no cost to talk, and no fee unless we recover.