Rutherford County Wrongful Death Lawyer

Your family has lost someone, and you are being asked to make decisions about a legal claim while still absorbing that loss. Fox, Farley, Willis & Burnette is a Tennessee personal injury firm that handles wrongful death cases for families across Rutherford County and throughout the state, and we can help you sort out what comes first. Hiring a Rutherford County wrongful death lawyer is not something anyone plans to do, but the way Tennessee law is written means the first weeks matter more than most families are told.

Tennessee has no separate filing deadline written for wrongful death. Courts apply the one-year personal injury period, and that year runs from the date of the injury, not the date the person died. If someone was hurt in a crash and passed away weeks or months later, the clock started on the day of the crash. That single rule has cost families their claims, and it is the main reason we encourage a call early, even if you are not ready to decide anything.

Rutherford County families deal with heavy traffic on routes that carry commuters, freight, and students, and a fatal collision there often involves several insurers, an investigating agency, and sometimes a criminal prosecution running at the same time. Our job in a wrongful death case is to make sure the civil claim is protected while all of that unfolds.

Why Choose Fox, Farley, Willis & Burnette for a Wrongful Death Case

Bruce D. Fox, co-founder of the firm, has tried more than 125 jury trials in state and federal court, and that courtroom record is the foundation of how we approach a death case. Wrongful death claims are often the ones insurers fight hardest, because the numbers are large and liability is frequently disputed. Mr. Fox received the Tennessee Trial Lawyers Association’s Lifetime Achievement Award in 2025 and its Paladin Award in 2011, and he is a past president of that association. He also served on the Tennessee Advisory Council on Workers’ Compensation from 2008 to 2021, which gave him a close view of how Tennessee handles injury and death claims arising at work.

Partner Brad C. Burnette holds an AV Preeminent rating from Martindale-Hubbell and serves on the Tennessee Trial Lawyers Association Board of Governors. Partner John Willis also serves on the TTLA Board of Governors and is a past president of the Anderson County Bar Association. Two of our partners spent the early part of their careers defending insurance companies, trucking companies, and businesses, so they know how a wrongful death claim gets valued, reserved, and fought from the defense side.

The results reflect that experience. Our attorneys recovered $3.4 million for the family of a man killed in a Morgan County rear-end collision caused by a construction company driver, and $1.9 million after a mother was killed and her daughter seriously injured by a driver who failed to yield on Dolly Parton Parkway in Sevier County. Every case is different and past results do not guarantee a similar outcome. The firm has recovered over $100 million for clients, and our attorneys carry more than 170 years of combined experience.

We handle these cases on a contingency basis, so there are no attorney fees unless we recover compensation, and consultations are free. If travel is hard for you right now, we can meet you at home. Hablamos español; trial attorney Michael C. Beehan is fluent in Spanish and represents clients in their own language.

Situations That Lead to Wrongful Death Claims in Rutherford County

• Car and Motorcycle Crashes: The most common source of death claims. Distracted driving, impaired driving, and failure to yield all fit here, and Tennessee’s Hands Free law makes it illegal to hold a phone or read and send texts while driving, which can matter when phone records show what a driver was doing.
• Tractor-Trailer and Commercial Vehicle Collisions: Interstate and highway freight traffic puts heavy vehicles around passenger cars daily. Driver logs, maintenance records, and electronic data can disappear quickly, so preservation demands need to go out early.
• Drunk Driving Fatalities: Tennessee sets the per se limit at 0.08 percent, and the state’s drunk driving prevention law directs officers investigating a fatal crash to look into where an impaired driver was served and to notify the Alcoholic Beverage Commission within 48 hours. That can open the door to additional responsible parties.
• Pedestrian and Bicycle Deaths: Fatal impacts on roads near campuses, shopping areas, and neighborhoods without safe crossings often turn on lighting, speed, and driver attention.
• Workplace Deaths and Third-Party Liability: Workers’ compensation is generally the only remedy against an employer, but a death caused by a negligent driver, defective equipment, or another contractor can support a separate third-party claim.
• Premises Hazards: Falls, fires, electrical faults, and carbon monoxide exposure at rental properties and businesses can be fatal, and the owner’s maintenance and inspection history becomes central evidence.
• Medical Negligence: Health care liability claims carry a one-year filing period and a three-year outer limit, along with separate procedural requirements, which makes early review especially important.
• Deaths Involving Government Vehicles or Property: Claims against local government fall under the Governmental Tort Liability Act, which requires suit within 12 months and limits damages to $300,000 per person and $700,000 per occurrence.

What to Do in the Days After a Fatal Accident

Start with the evidence that disappears. Ask the investigating law enforcement agency for the crash report number, and write down the names of any witnesses before memories fade. If you can, photograph the scene, the vehicles, and any visible road conditions. Keep the deceased person’s phone, dashcam, and any vehicle data in a safe place and do not let a salvage yard or tow lot dispose of the vehicle. Our attorneys can send preservation letters to trucking companies, property owners, and insurers so that logs, video, and maintenance records are not lost.

Be careful with insurance adjusters. An adjuster for the at-fault driver may call within days, sound sympathetic, and ask for a recorded statement or offer a quick payment. Statements given in grief can be used to argue the deceased was partly to blame. Tennessee follows modified comparative fault, so a person found 50 percent or more at fault recovers nothing, and anything less reduces the award by that percentage. Fault can also be assigned to people who are not even in the lawsuit. Do not sign releases or medical authorizations for the other side before talking with a lawyer.

Gather the paperwork that proves loss: the death certificate, medical bills, funeral invoices, pay stubs and tax returns showing the deceased person’s income, and anything showing what they contributed to the household. Keep your own records of health insurance payments, since these often have reimbursement claims attached.

Understand early who is allowed to file. Under Tennessee law the right of action passes first to the surviving spouse, then to the children or next of kin, or it can be pursued by a personal representative. A spouse can lose the right to bring or collect on the claim if the children or next of kin prove the spouse abandoned the deceased or willfully stayed away for two years. Where a family has a complicated structure, such as a second marriage or adult children from a prior relationship, these questions should be answered before a lawsuit is filed, not after.

Wrongful death lawsuits arising from a Rutherford County death are generally filed in the circuit court for the judicial district that covers Rutherford and Cannon counties. Estate and probate questions, such as appointing a personal representative, are handled in chancery court unless designated elsewhere. We will tell you which court applies to your facts.

How Tennessee Values a Wrongful Death Claim

Economic damages are not capped in Tennessee. These include medical expenses before death, funeral and burial costs, and the income and support the person would have provided over a working lifetime. For a young parent or a primary earner, this figure can be substantial, and proving it often requires an economist and vocational testimony.

Noneconomic damages, which compensate for the loss of the person’s companionship and the value of the life that was taken, are generally limited to $750,000. The limit rises to $1 million when the person who died was a parent of minor children, which Tennessee treats as a catastrophic loss. The jury decides whether a catastrophic loss exists through a special verdict, and the cap is not disclosed to the jury but applied by the judge afterward. The limits do not apply when the defendant intentionally caused the harm, was intoxicated to the point of substantially impaired judgment, destroyed evidence, or was convicted of a felony tied to the conduct. That is one reason evidence of impairment and evidence preservation matter so much.

Punitive damages are separate and are generally limited to the greater of two times the compensatory award or $500,000. They are reserved for conduct that goes well beyond ordinary carelessness.

Insurance is another practical limit. Tennessee’s minimum liability coverage is only $25,000 per person and $50,000 per accident for bodily injury, which rarely approaches the value of a death claim. Part of our work is identifying every policy that could apply: the driver’s, an employer’s, a commercial carrier’s, a property owner’s, and the family’s own uninsured motorist coverage.

Questions Families Ask About Wrongful Death Claims

How long do we have to file a wrongful death lawsuit in Tennessee?

Generally one year. Tennessee has no separate wrongful death deadline, so the personal injury period applies and begins on the date of the injury that led to death, not the date of death. Some situations change the timing, including a criminal prosecution of the at-fault person, a claim against a government entity, or a medical negligence claim.

Who can file a wrongful death claim?

The right of action passes to the surviving spouse first, then to the children or next of kin. A personal representative of the estate can also bring the action. Which route is best depends on the family and on the estate.

What compensation is available?

Families can seek medical and funeral expenses, the income and financial support the person would have provided, and noneconomic damages for the loss of the relationship. Tennessee caps noneconomic damages in most cases but does not cap economic damages.

Does the criminal case have to finish before we can file a civil claim?

No. The civil case and criminal case are separate. If the at-fault person is prosecuted within a year of the injury, Tennessee can extend the filing period to two years, but relying on that extension without a lawyer’s guidance is risky. A criminal conviction can also be useful evidence in the civil case.

What if the person who died was partly at fault?

You may still recover. Tennessee bars a claim only when the deceased was 50 percent or more at fault. Below that line, the award is reduced by the deceased’s share. Insurers often push blame onto the person who can no longer speak, so the investigation matters.

Can we recover if the driver had almost no insurance?

Often there are other sources. Uninsured and underinsured motorist coverage, an employer’s policy if the driver was working, a bar or restaurant that overserved an impaired driver, or a vehicle or equipment manufacturer may all be in play. We look at every possible source before accepting a policy limit.

Will we have to go to trial?

Most claims resolve without a verdict, but insurers settle better when they believe the family’s lawyers will try the case. Our attorneys have tried cases in state and federal courts, and we prepare each case as though it may go before a jury.

Can a spouse be shut out of the claim?

Yes, in limited circumstances. If the children or next of kin prove the spouse abandoned the deceased or willfully withdrew for two years, the spouse’s right to bring or collect on the action can be waived. These disputes need to be addressed early.

What if a young child was killed?

The loss of a child is still a wrongful death claim, and the same one-year period applies from the date of injury. The tolling rule that pauses the clock for minors applies to a child’s own injury claim, not to a death claim brought by the family, so do not assume extra time exists.

What if the crash happened on a work trip or the person was on the job?

Workers’ compensation death benefits may be available, but they do not compensate a family for the full loss. If someone other than the employer caused the death, such as a negligent driver or a defective equipment maker, a third-party wrongful death claim may add significantly to what the family can recover. The employer or its insurer may be entitled to reimbursement from that recovery, so coordination is important.

How much does it cost to hire your firm?

Nothing up front. We are paid only if we recover compensation, and your first consultation is free.

Serving Wrongful Death Families Across Rutherford County and Beyond

Our work for families begins in Rutherford County, from Murfreesboro and Smyrna to La Vergne, Eagleville, Christiana, Walter Hill, and the neighborhoods and rural stretches between them. We represent families whose loved ones were killed on the county’s busy highways, on local roads, and at businesses and job sites throughout the area. Cannon County, which shares a judicial district with Rutherford County, is a neighboring area we also serve, as are nearby communities in the Nashville region.

Beyond Middle Tennessee, we represent families across East Tennessee, including Knox County, Sevier County, Blount County, Anderson County, Roane County, Campbell County, Claiborne County, Morgan County, Jefferson County, and Monroe County, and in Knoxville, Clinton, Maryville, Sevierville, Gatlinburg, Pigeon Forge, and LaFollette. We also take cases from Johnson City to Memphis and everywhere in between. If you live out of state and a family member was killed in Tennessee, we can handle the investigation, insurance negotiations, and court filings here and keep you informed wherever you are.

Talk With a Rutherford County Wrongful Death Attorney

You do not have to have every answer before you call. If your family has lost someone because of another person’s carelessness, a Rutherford County wrongful death attorney at Fox, Farley, Willis & Burnette can explain who may bring the claim, what the deadline means for your situation, and what steps should happen first. The consultation is free, there are no fees unless we recover compensation, and we can come to you at home or in the hospital if that is easier. Call us when you are ready, and we will take it from there.