Harlene Labrum | May 29, 2025 | Wrongful Death
Fatal Car Accident: How to File a Wrongful Death Claim
Losing a loved one in a fatal car accident is one of the most devastating experiences any family can endure. In a single moment, lives are shattered and futures are forever altered. At Labrum Law Firm, we understand the emotional toll and confusion that follows such a tragic loss. During these difficult times, pursuing legal action may not be the first thing on your mind, but it may be an essential step toward justice, closure, and financial stability with a wrongful death claim.
A wrongful death suit enables allows surviving members to pursue compensation when a person’s death is caused by the negligence or wrongdoing of another. It’s not about placing a price on a life—it’s about holding the responsible party accountable and helping families cope with the financial and emotional burdens left behind.
What is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit brought against a person or entity that has caused someone’s death through negligent, reckless, or intentional actions. In the case of fatal car accidents, wrongful death often stems from behaviors such as drunk driving, texting while driving, speeding, or reckless maneuvers.
It’s important to understand that wrongful death claims are separate from criminal charges. For instance, a driver may be charged criminally for DUI, but the wrongful death claim is pursued in civil court to recover damages for the surviving family. While the criminal justice system seeks punishment, a wrongful death claim is focused on compensation and justice for survivors.
Who Can File a Wrongful Death Claim in Tennessee?
Tennessee law outlines a clear order of who has the legal right to file a wrongful death claim. They include:
- The deceased’s spouse has the first right to file.
- If there is no spouse, children or next of kin may file.
- If the deceased was a minor or an unmarried adult without children, parents may be eligible to file.
- If none of the above are available or willing, the executor or personal representative of the estate may bring the claim on behalf of the family or beneficiaries.
Understanding who has legal grounds to file is essential, especially when there are disputes or complications among family members.
Key Elements of a Successful Claim
To win a wrongful death case in Tennessee, you must prove four critical legal elements:
- Duty of Care – The defendant (usually the other driver) owed a duty to drive safely and responsibly.
- Breach of Duty – The driver violated that duty. This can involve running a red light, distracted driving, or driving under the influence.
- Causation – You must prove that this breach of duty directly caused your loved one’s death.
- Damages – Finally, there must be measurable losses—both emotional and financial—stemming from the death.
Each element must be supported with evidence, which is why prompt investigation and skilled legal representation are essential.
What Compensation Can Be Recovered?
Wrongful death damages are intended to alleviate the financial hardships and emotional pain suffered by surviving family members.
In Tennessee, compensation may include:
- Funeral and burial expenses
- Medical bills for treatment received prior to death
- Loss of income, including the future wages your loved one would have earned
- Loss of companionship, guidance, and emotional support
- Pain and suffering of the deceased (this is pursued through a “survival action” if applicable)
Every case is different, but our goal at Labrum Law Firm is to help you recover every dollar the law allows so you can focus on healing.
Time Limits: Tennessee’s Statute of Limitations
Tennessee law imposes a strict one-year statute of limitations for filing a wrongful death claim, starting from the date of death. This is one of the shortest windows in the country, which means families must act quickly to protect their legal rights.
Failing to file within this time limit can result in the case being permanently dismissed, no matter how strong the evidence may be. Quick action also helps preserve important evidence—such as witness testimony, accident reports, and crash scene details—that can deteriorate over time.
Common Challenges in Wrongful Death Car Accident Cases
Wrongful death claims, especially those involving motor vehicle accidents, can be complicated by several factors:
- Proving fault, particularly in multi-vehicle accidents or when evidence is contested
- Family disagreements over who has the legal right to file or receive compensation
- Insurance company tactics, such as offering quick, lowball settlements that don’t reflect the true value of the claim
These challenges can overwhelm grieving families, which is why professional legal guidance is so important.
How a Wrongful Death Attorney Can Help
At Labrum Law Firm, we provide compassionate and experienced legal support for families dealing with fatal car accidents.
Here’s how we can help:
- Handling legal complexities so you can focus on grieving and healing
- Investigating the accident, gathering police reports, witness statements, and expert analysis
- Dealing with insurance companies, ensuring that you’re not pressured into accepting less than you deserve
- Taking the case to court, if needed, to fight for maximum compensation
- Advising and advocating, every step of the way with transparency and care
We treat every client with the empathy they deserve and the tenacity required to win.
Seeking Justice After Tragedy: Take the First Step Toward a Wrongful Death Claim
The loss of a loved one in a preventable car accident is heartbreaking—but you do not have to face this journey alone. If someone else’s negligence has taken the life of someone you love, we are here to stand by your side.
At Labrum Law Firm, we are committed to fighting for justice, accountability, and meaningful compensation for Tennessee families. Our Nashville-based wrongful death attorneys are ready to listen, support, and take action on your behalf. Contact us today at (615) 338-9500 for a free consultation!
