An individual holds a white rose in front of a casket covered with candles, indicating a funeral.

Get Compassionate, Dedicated Support After a Loss

Losing a loved one is one of life’s most painful experiences, and seeking justice can feel overwhelming. As your Cleveland wrongful death lawyer, we are here to provide sensitive yet determined legal representation. Contact us today for a free consultation to learn how we may help you through this difficult time.

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When someone else’s negligence causes a loved one’s death, the emotional and financial toll can be extreme. Working with a wrongful death lawyer in Cleveland can help you pursue justice and seek compensation for your family’s losses. Our team understands the sensitivity of these cases and is committed to standing by your side every step of the way.

At The McMahan Law Firm, we’re proud to serve families in Cleveland, TN. Whether it’s handling the legal complexities or fighting for fair compensation, we’re here to offer support and advocacy when you need it most.

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Getting Help Is Simple

What you’ve been through is simply immeasurable. That’s why we want to take this burden off your shoulders so that you can focus your time on what’s important. It only takes one phone call or a quick form to get started, and we will take care of everything from there.

You Deserve Justice

The pain of losing a loved one is indescribable, and losing a loved one because of someone else’s careless actions is unfair and cruel. You could be owed compensation for your loss, and we’re dedicated to helping you seek everything you’re entitled to.

No Costly Upfront Fees

The last thing you should have to worry about when grieving the loss of your loved one is a costly, upfront fee for an attorney. That’s why you won’t owe us a single penny unless we successfully collect compensation for your loss.

How Is Wrongful Death Defined in Tennessee?

Under Tennessee law, wrongful death occurs when a person dies due to another party’s negligence, wrongful act, or intentional conduct. This allows surviving family members or the deceased’s estate to seek damages for the financial and emotional impact of the loss.

What Does the Average Wrongful Death Settlement Include in TN?

Wrongful death settlements in Tennessee can vary widely depending on the circumstances of each case. Generally, these settlements may include compensation for:

  • Medical expenses incurred before the victim’s passing
  • Funeral and burial costs
  • Loss of income and financial support the deceased would have provided
  • Pain and suffering endured by the victim prior to death
  • Loss of companionship and emotional support for surviving family members

The specific amount your family may recover will depend on the details of your case, including the degree of negligence and the impact of the loss on your household.

What Is the Most You Can Recover With a Wrongful Death Lawsuit in Tennessee?

Tennessee places caps on certain types of damages in wrongful death cases. For non-economic damages like pain and suffering or loss of companionship, the cap is typically $750,000. However, in cases involving catastrophic losses, such as the wrongful death of a parent leaving minor children, the cap may increase to $1,000,000.

Economic damages, such as lost wages and medical expenses, are not capped, allowing families to recover the full extent of these quantifiable losses. Understanding these limits and how they apply to your case is crucial, and our team can help you navigate this process.

Our Results Speak For Themselves!

Workers’ Comp/Third-Party

$8,000,000.00+

Motorcycle Accident

$1,250,000.00

Motorcycle Accident

$1,000,000.00

Brain Injury

$950,000.00

Truck Accident

$850,000.00

Motorcycle Accident

$800,000.00

Truck Accident

$500,000.00

Motorcycle Accident

$500,000.00

Car Accident

$230,000.00

Workers’ Comp

$225,000.00

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How Do Wrongful Death Suits Work?

Wrongful death lawsuits are civil actions filed by surviving family members or estate representatives to seek compensation for losses resulting from another party’s negligence. The process typically involves:

  1. Filing a claim within the statute of limitations.
  2. Investigating the circumstances of the death, including collecting evidence like medical records and witness statements.
  3. Identifying liable parties, which may include individuals, businesses, or organizations.
  4. Pursuing compensation for damages such as medical costs, funeral expenses, and loss of financial support.

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What Is the Wrongful Death Statute of Limitations in Tennessee?

In Tennessee, wrongful death claims must generally be filed within 1 year of the date of the deceased’s passing. This time frame is strict, and failure to file within the statute of limitations can bar you from pursuing compensation. Certain exceptions may apply, depending on the case specifics, so it’s crucial to act promptly.

Liability in Wrongful Death Cases: Why It Matters

Establishing liability is a critical component of a wrongful death lawsuit. Multiple parties may share responsibility, including:

  • Individuals who acted negligently, such as drivers or property owners
  • Employers or companies if the wrongful act occurred within the scope of employment
  • Manufacturers in cases involving defective products

Tennessee follows a modified comparative fault rule, meaning compensation may be reduced by the plaintiff’s share of fault, provided it is less than 50%. Proving negligence through evidence with the help of your attorney is essential to ensuring a strong claim.

How Did the Accident Happen?

Accidents can result from a variety of negligent actions, including:

By investigating the details of how the accident occurred, we can identify all responsible parties and gather the necessary evidence to support your claim.

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What Our Clients Are Saying About Us

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Who May Be Eligible To File a Wrongful Death Lawsuit in Tennessee?

In Tennessee, the right to file a wrongful death lawsuit typically belongs to certain family members of the deceased. This includes:

  • The surviving spouse
  • The children of the deceased
  • The deceased’s parents (if no spouse or children are present)
  • The personal representative of the deceased’s estate

These individuals may seek compensation for both economic and non-economic losses resulting from their loved one’s death.

Civil vs. Criminal Cases for Wrongful Death

Wrongful death cases are civil matters, meaning their primary purpose is to recover financial compensation for the victim’s family. This is separate from any criminal charges that might be filed, such as manslaughter or homicide. However, an ongoing criminal case can provide useful evidence for the civil claim, and a conviction may strengthen your case by supporting the claim of negligence or wrongdoing.

You and Your Family Deserve Strong Legal Representation

Pursuing a wrongful death claim is a deeply personal and challenging process. Our team is here to provide compassionate guidance and fierce advocacy, ensuring your family’s rights are protected. Contact us today for a free case review and let us help you seek justice for your loved one.