Tennessee & Georgia Wrongful Death Attorneys
Lost a loved one? Your family deserves answers.
No legal case can undo a loss like this. But when a death was caused by someone else’s carelessness, a wrongful death claim can bring accountability and help your family face the financial strain that follows. Davis & Davis handles these cases with care from our offices in Chattanooga and Winchester, Tennessee, and Dalton, Georgia.
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Wrongful Death Claims
What is a Wrongful Death Claim?
A wrongful death claim is a civil case brought when a person dies because of another’s negligence, recklessness, or intentional act. In many ways, it carries forward the claim your loved one would have had if they had survived, along with the losses your family has suffered.
These claims arise from many kinds of tragedies: car, truck, and motorcycle crashes, unsafe property conditions, and neglect in a nursing home or care facility. A wrongful death case is separate from any criminal case, and it can move forward whether or not criminal charges are filed.
Tennessee
Who Can File a Wrongful Death Claim in Tennessee?
Tennessee law gives the right to bring a wrongful death claim to specific family members, generally in this order: the surviving spouse first, and if there is no spouse, the children or next of kin. The personal representative of the estate may also bring the claim in some situations.
Because the rules about who can file and how any recovery is shared depend on your family’s circumstances, it’s worth talking with an attorney early, especially if family members disagree about how to move forward.
Georgia
Georgia Wrongful Death Claims
In Georgia, the surviving spouse generally brings the claim, sharing any recovery with the deceased’s children. If there is no spouse, the children may bring it, and if there are no children, the parents. When no eligible family member exists, the administrator of the estate may file.
Georgia also allows a separate estate claim for certain losses, like medical and funeral expenses, alongside the wrongful death claim itself.
Compensation
Wrongful Death Damages & Settlements
Every case is different, and state law shapes what can be recovered. In general, wrongful death claims in Tennessee and Georgia can include the financial and personal value of your loved one’s life, along with certain costs your family has already faced.
Depending on the case, recovery may include:
How We Help
How Our Wrongful Death Lawyers Help
After a loss, the last thing a family should have to do is argue with an insurance company or chase down records. We investigate what happened, work with experts when needed, deal with insurers and defense attorneys, and keep you informed at every step, without pressuring you to make decisions before you’re ready.
Our firm was founded by a former General Sessions Judge, and we’re known for being trial-ready. If the responsible party won’t accept responsibility, we’re prepared to take your family’s case to court.
First Steps
First Steps After a Wrongful Death
There’s no right way to grieve, and you don’t have to do everything at once. When you’re ready, these steps help protect your family’s rights.
01
Take care of you family
Your family comes first. There’s time to gather information, but it helps to start conversations with an attorney early.
02
Keep important documents
Save medical bills, funeral receipts, the death certificate, police or incident reports, and any letters from insurers.
03
Be careful with insurers
Avoid giving statements or signing releases before you understand your rights. Early offers rarely reflect a claim’s full value.
04
Talk to an attorney
A free consultation can help you understand your options, deadlines, and who in your family can bring a claim.
Tennessee & Georgia Law
Tennessee & Georgia Wrongful Death Laws
A few legal rules affect almost every wrongful death case in our area.
Filing deadlines
In Tennessee, a wrongful death claim generally must be filed within one year of the death. In Georgia, it’s generally two years. Exceptions exist, but waiting can put your family’s claim at risk.
Separate from criminal cases
A wrongful death claim is a civil case with a lower burden of proof than a criminal trial. It can proceed whether or not the responsible person is ever charged or convicted.
Case-specific procedures
Some claims, like those involving a nursing home or health care provider, have extra steps before filing, such as advance notice and expert review. These take time, so it helps to start early.
This is general information, not legal advice. Deadlines and rules depend on the facts of each case.
Why Davis & Davis
Why Choose Our Wrongful Death Attorneys
We listen first
You’ll work directly with an attorney who takes time to understand your loved one and your family, not a case manager reading from a file.
Decades of experience
Our founder brings over four decades of legal practice and judicial experience, and the firm has served families in this region since 2004.
Prepared for court
We prepare every case as if it may go to trial, so insurers and defense lawyers know your family won’t settle for less than what’s fair.
Wrongful Death FAQs
Don’t see your question?
Contact the office nearest to you. We’re here to guide you.
How long do we have to file a wrongful death claim?
In Tennessee, you generally have one year from the date of death. In Georgia, it’s generally two years. Some situations have exceptions, and some claims, like those against government entities or health care providers, have additional notice requirements, so it’s best to talk with an attorney as soon as you’re ready.
Can we file a wrongful death claim if there’s also a criminal case?
Yes. A wrongful death claim is a separate civil case. It can proceed whether or not the responsible person is charged, and it uses a lower burden of proof than a criminal case.
How is a wrongful death recovery divided among family members?
It depends on state law and your family’s circumstances. Tennessee and Georgia each have rules about who receives a recovery and in what shares, particularly between a surviving spouse and children. We’ll explain how those rules apply to your family.
Can a death in a nursing home be a wrongful death case?
Yes. When neglect or abuse in a nursing home or care facility contributes to a resident’s death, the family may have a wrongful death claim. These cases often have additional procedural steps, so starting early is important.
Related Practice Areas
More Personal Injury Services
Talk to a Wrongful Death Lawyer
Contact Davis & Davis for a free, confidential consultation at our Chattanooga, Winchester, or Dalton office. There’s no pressure and no obligation.
