woman grieving the wrongful death of a loved one in Chattanooga

Have You Suffered the Wrongful Death of a Loved One?

Losing a loved one due to someone else’s negligence is a heartbreaking and life-changing event. A wrongful death lawyer in Chattanooga from The McMahan Law Firm can help your family seek justice and the compensation you need to move forward during this difficult time. Contact us for a free case evaluation to understand your legal options.

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Your Chattanooga Wrongful Death Lawyer

The loss of a loved one due to someone else’s negligence is both heartbreaking and overwhelming. In these challenging times, it’s important to remember that you have legal rights and options. While no amount of compensation can replace your loved one, it can provide critical financial support to help you move forward.

At The McMahan Law Firm, Jay, Brent, and our dedicated team of wrongful death lawyers in Chattanooga are committed to guiding you compassionately through the legal process. We strive to secure the justice and compensation you rightfully deserve. Contact us today for a free case review and let us help you navigate this difficult journey.

Get Your FREE Case Review

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 you can focus your time on what’s most important. It only takes one phone call to get started and we will take care of everything from there.

You Deserve Justice and Compensation

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 deserve justice and 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.

What Qualifies as a Wrongful Death?

In Tennessee, a wrongful death occurs when someone loses their life as a result of another party’s negligent, reckless, or intentional actions, or through a failure to act when there was a legal duty to do so. The law allows surviving family members or legal representatives to pursue compensation if the deceased would have had the right to file a personal injury lawsuit had they survived.

Wrongful death claims can arise from many types of incidents, including:

  • Car accidents and truck collisions, particularly those involving safety violations or commercial carriers
  • Driving under the influence or distracted driving crashes
  • Nursing home abuse or neglect
  • Defective consumer products or medications
  • Workplace accidents, including falls, equipment failures, and exposure to hazardous materials
  • Unsafe property conditions that lead to fatal falls or injuries

Who May Be Able To Seek Damages in a Tennessee Wrongful Death Case?

Not everyone can bring a wrongful death claim under Tennessee law. The right to file a claim typically begins with the following individuals, in order of legal priority:

  1. The surviving spouse of the deceased
  2. The deceased’s children, if there is no surviving spouse
  3. The deceased’s parents, if there are no children or spouse
  4. The personal representative (executor) of the estate

In some situations, more distant relatives or dependents may be eligible to pursue a claim if closer family members are unavailable.

If you believe you may have a claim following the loss of a loved one, The McMahan Law Firm can help determine your eligibility and guide you through the next steps. Our Chattanooga wrongful death attorneys are here to help you seek accountability and financial relief during this difficult time.

Learn more: Who Can Bring a Wrongful Death Claim in Tennessee?

Did You Lose a Loved One Due to Someone Else’s Carelessness?

We’re here to fight for the justice and compensation you are entitled to. Contact us today to learn more about your legal options.

Get Your FREE Case Review

Tennessee’s wrongful death law includes many minute details and complexities. These are 3 of the most fundamental pieces of legal information you should know if you’ve suffered the wrongful death of a loved one:

Tennessee’s Wrongful Death Statute of Limitations

The statute of limitations (deadline) to file a wrongful death lawsuit in Tennessee is 1 year from the date of the death.

There are a few exceptions to this 1 year deadline:

  • If the victim dies from their injuries at a later date, the statute of limitations can be extended 120 days or up to 1 year from the date of the victim’s death.
  • If the individual responsible for the wrongful death is facing criminal charges, the statute of limitations for filing a claim may be prolonged to 2 years. 

Going to Trial

While most cases do not go to trial due to the added time and expenses for all parties involved, The McMahan Law Firm is fully equipped to fight for you in court if necessary. We do whatever it takes to bring you the settlement you are owed for your loss.

Who Has the Right to Sue for a Wrongful Death?

In Tennessee, a spouse, child, next of kin, or personal representative can file a wrongful death claim (Tennessee Code Annotated section 20-5-106). The question of who is eligible to file a wrongful death claim changes from state to state and depends on the facts unique to each case, so be sure to consult with a lawyer to find out what circumstances apply to your situation.

Proving Liability in a Wrongful Death Case

Proving liability in a Chattanooga wrongful death case means showing that another party’s careless, reckless, or intentional conduct caused your loved one’s death. To establish negligence, 4 essential elements must be proven:

  1. The first step is demonstrating that the responsible individual or entity owed your loved one a duty of care. This means they were expected to act in a reasonably safe and responsible manner under the circumstances.
  2. Next, it must be shown that this duty was breached. This could involve careless driving, unsafe property conditions, medical mistakes, or other reckless behaviors that put others at risk.
  3. Your attorney must then prove that the breach of duty directly caused your loved one’s death. This connection is critical to holding the at-fault party legally accountable.
  4. Finally, you must demonstrate that real damages resulted from the death. This includes both financial losses, such as medical bills, funeral expenses, and lost income, and non-economic damages like pain and suffering or loss of companionship.

Successfully proving these elements requires strong, well-documented evidence. This can include witness statements, accident reports, medical records, expert testimony, and other materials that support your claim. An experienced attorney from our office can gather and present this evidence effectively, helping you build a compelling case for compensation.

Don’t face this process alone. The McMahan Law Firm is here to guide you every step of the way and fight for the justice your loved one deserves.

Get Your FREE Case Review

Damages & Potential Compensation in Wrongful Death Cases

Compensation in a Tennessee wrongful death case is meant to cover both financial expenses and non-economic losses. Non-economic damages in most wrongful death cases are capped at $750,000. For the most part, the damages available to survivors with a successful claim include:

  • Medical expenses associated with treating the deceased before their passing
  • Lost wages or benefits that the deceased’s dependents or spouse would be losing because of the death
  • Emotional distress and physical suffering caused by losing a loved one to someone else’s reckless or irresponsible behavior
  • Funeral and burial expenses to lessen the financial burden of providing a dignified burial and resting place for the deceased

Because every case is unique and the legal facts of your case will determine the exact compensation you’re due, the best way to find out the full value of your claim is to schedule a risk-free case review with one of our Chattanooga wrongful death lawyers. This comes at no cost to you, and you are not required to sign any contracts just to get legal advice on your claim.

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

See More Results

The McMahan Law Firm explains how to get started with the legal process of filing a wrongful death claim.

We review the facts and legal circumstances of your specific case to determine whether you have a valid claim and what it could be worth.

If you choose to work with an attorney from our office, we will conduct our own investigation into the wrongful death. This will help us identify all parties involved, and we will be able to gather evidence in preparation for filing your claim.

After collecting the evidence, our legal team crafts a comprehensive demand letter laying out the details of the incident, the extent of damages suffered, and the liability of the responsible party.

Unfortunately, insurance companies rarely agree to pay out the full value of your claim upfront. You never have to fight with the insurance companies when you work with us, though. We handle the negotiations to be sure you are not settling for less.

In rare cases, we may take your case to court to recover your full compensation. Your lawyer will handle all preparations for court if it comes to this.

Lastly, you will be offered a settlement meant to address all of the expenses related to your loved one’s accident. With a Chattanooga wrongful death attorney by your side, you’ll have an honest advocate who will help you understand whether it is in your best interest to accept or decline the settlement. At the end of the day, the choice is entirely yours.

Choose Board Certified – Not Billboard

Just because it’s on a billboard doesn’t mean it’s the best option. Lawyers who shell out all that money for billboard ads are all talk and no substance. You and your family deserve the legal aid only a board-certified attorney can give you. Attorneys Jay, Brent, and Herbert at The McMahan Law Firm are Board Certified Civil Trial Specialists by the National Board of Trial Advocacy. We have the knowledge and experience you can trust to help you seek maximum compensation for your losses.

How a Chattanooga Wrongful Death Attorney Can Help

  • Explaining Your Legal Options

In the midst of grief, legal terms and requirements can be confusing. We simplify things, explaining your options clearly. We want you to understand your rights and what’s happening in your case.

  • Investigations and Negotiations

Our team investigates thoroughly and negotiates skillfully for a good outcome. We build a strong case and talk with the other parties to get the best results.

  • Meeting Deadlines

Time matters in legal claims. We keep things moving, making sure we meet all deadlines involved in your case. 

  • Keeping in Regular Communication

We pride ourselves on the high standards of communication we provide to our clients. We update you regularly and answer any questions you have so you know that you’re not alone during this process.

  • Emotional Support and Guidance

We’re not just here for legal help. We are also here to support you emotionally, helping you through these tough times. Throughout the entire process, we guide you and connect you with resources for support.

Did You Lose a Loved One in an Accident?

Jay and Brent are here to help you through this difficult time and seek the justice and compensation you deserve on your behalf.

Get Your FREE Case Review

What Our Clients Are Saying About Us

5 Star Reviews

Brent was always honest, thoughtful and understanding. We are grateful for the time you spent on us.

-R.D.
5 Star Reviews

I feel that the McMahan Law Firm put me first. I’m very satisfied with the results that I received from them, and I would recommend them to anyone. I thank you very much.

-B.C.
5 Star Reviews

Guys listen! My Attorneys Jill Crouch and Brent who run the place are the most proficient accident attorneys I've ever witnessed! No lie, I got awarded an amount bigger than a yearly salary from an 18 wheeler accident settlement through them!! (If you know, you know!) I get paid sometime this month! It took less than a year to settle and the ONLY reason it took that long was because the treatment was extensive and needed months to complete. If you're EVER in an accident in the state of Tennessee, MCMAHAN LAW FIRM NEEDS TO BE YOUR FIRST CALL AFTER THE AMBULANCE!!! THIS GROUP OF ATTORNEYS ARE CHANGING, SAVING AND REVIVING LIVES!! TRUE STORY!

-P.T.
5 Star Reviews

I want to thank you again for representing me. The McMahan Law Firm is not only a good law firm; [the staff and lawyers] are good people as well. I would recommend you to a friend or enemy. Thank you again.

-G.W.
5 Star Reviews

Your team makes the clients feel like their case is important no matter how small the case may be or how small the benefits may be.

-R.M.
5 Star Reviews

Very impressed and thankful for the manner in which you do business… most certainly for the people… from greeting [me] at the door throughout all business handled. Please never fail to keep up the good work. Thanks again.

-L.P.
5 Star Reviews

Julie Gee did an outstanding job for me and I greatly appreciate it. I would recommend her and the law firm to anyone. Thanks for everything.

-B.K.
5 Star Reviews

I just wanted to thank you for the all the hard work that the McMahan Law Firm has done for me. I appreciate your patience and determination, and of course your super skills in the courtroom. This has been life changing for me and my family, God bless all of you!! Thanks again and take care.

-W.J.
5 Star Reviews

I want to thank each and every one involved in my case. I have no doubt I would not have succeeded on my own. I’m glad I listened to my sister advising me to use an attorney. The McMahan Law Firm is tops. Thanks again.

-S.C.
5 Star Reviews

Jay [is] a very good lawyer, and he was also concerned about my well-being. Janice was always there to answer any questions that we had.

-T.G.

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Our Chattanooga Wrongful Death Attorneys

Tennessee Personal Injury Lawyer Jay Kennamer

Attorney James Kennamer

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Tennessee Personal Injury Lawyer Brent Burks

Attorney Brent Burks

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Attorney Lew Belvin - McMahan Law Firm

Attorney Lew Belvin

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Attorney Chris Gentry - McMahan Law Firm

Attorney Chris Gentry

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Attorney William Joe Hollis, Jr. - McMahan Law Firm

Attorney W. Joseph “Joe” Hollis, Jr.

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Attorney Herbert Thornbury - McMahan Law Firm

Attorney Herbert Thornbury

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Attorney Katie Reed from The McMahan Law Firm in Chattanooga.

Attorney Katie Reed

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Gerard M Siciliano, Personal Injury Lawyer from The McMahan Law Firm in Chattanooga

Attorney Gerard M. Siciliano

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Don’t Wait to Call The McMahan Law Firm

If you’ve lost a loved one due to someone else’s negligence, The McMahan Law Firm is here to help you pursue justice and the compensation your family may be owed. As the largest personal injury law firm in Chattanooga, we’ve built our reputation on fighting for families like yours with compassion and determination.

We’ve proudly served the Chattanooga community since 1992, standing beside clients during some of the most difficult moments of their lives. Our team understands what’s at stake, and we’re ready to take action on your behalf.

Don’t wait to get the legal support you need. Contact The McMahan Law Firm today for a free case review and find out how we can help you move forward.

Get Your FREE Case Review

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