Clarksville Wrongful Death Lawyer

When a family in Clarksville loses someone to another person’s carelessness, grief and paperwork arrive together: a funeral to arrange, a household income that just vanished, and an insurance adjuster already asking questions. Fox, Farley, Willis & Burnette is a Tennessee personal injury firm that handles Clarksville wrongful death cases for families, from fatal car and truck crashes to deaths caused by unsafe property, defective products, and other negligence, and we represent families across Montgomery County and throughout Tennessee.

The first thing most families do not know is how short the clock is. Tennessee has no separate wrongful death deadline. The one-year personal injury limit applies, and it starts running on the date of the injury, not the date of death. If someone is hurt in a wreck and dies weeks later, the year is still counted from the wreck. Missing it generally ends the case, no matter how clear the fault was.

The second thing is who has the right to bring the claim. Tennessee law routes a wrongful death action first to the surviving spouse, then to the children or next of kin, or to a personal representative of the estate. Those details shape who files, who is named, and how any recovery is divided, which is why it pays to sort them out early rather than after a suit is already in motion.

Situations That Lead to Wrongful Death Claims Near Clarksville

• Fatal Car and Motorcycle Crashes: Clarksville sits on the I-24 corridor, and high-speed interstate collisions, red-light crashes, and head-on wrecks on two-lane county roads produce many of the claims we see. Tennessee’s Hands Free law makes it illegal to hold a phone, read or send texts, or watch video while driving, so phone records can matter when a distracted driver caused a death.
• Drunk and Impaired Driving Deaths: The legal limit is 0.08 percent, and impairment can be proven without a number when drugs or prescription medication are involved. When a driver was intoxicated, Tennessee’s cap on noneconomic damages does not apply, and investigators may also look at where the driver was served alcohol.
• Tractor-Trailer and Commercial Vehicle Crashes: Freight traffic moves constantly along I-24 and the highways around Montgomery County. Driver logs, maintenance files, and electronic data can be overwritten, so a preservation demand needs to go out quickly.
• Pedestrian and Bicycle Fatalities: Busy commercial strips and roads with limited sidewalks put walkers and cyclists at risk, and drivers who fail to yield or leave the scene are common in these cases.
• Premises Liability Deaths: Fatal falls, drownings, and carbon monoxide poisoning at rental properties, hotels, and businesses can trace back to a property owner who ignored a known hazard or skipped inspections.
• Workplace and Construction Deaths: Workers’ compensation usually limits claims against an employer, but a negligent driver, equipment manufacturer, or other contractor can face a separate third-party claim that reaches damages workers’ compensation does not.
• Medical Negligence and Government Defendants: Health care liability claims and claims against government entities carry their own rules and deadlines, including a 12-month filing period under the Governmental Tort Liability Act, so these cases cannot wait.

Working With Fox, Farley, Willis & Burnette on a Wrongful Death Case

Families work with us in a way that fits a hard season of life. If grief or injuries make travel difficult, we can meet you at home or in the hospital. Consultations are free, and in personal injury cases there are no attorney fees unless we recover compensation. We also speak Spanish; trial attorney Michael C. Beehan is fluent and represents Spanish-speaking clients in their own language.

Our attorneys bring more than 170 years of combined experience, and the firm has recovered over $100 million for clients. Two of our partners spent the early part of their careers defending insurance companies, trucking companies, and businesses, so they know how the other side evaluates a death claim and where it tends to push back. For families, that means fewer surprises when an adjuster starts arguing about fault or value.

Fatal-crash results are part of our record: $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. Past results do not guarantee a similar outcome.

Co-founder Bruce D. Fox has tried more than 125 jury trials, is a past president of the Tennessee Trial Lawyers Association, and received its Lifetime Achievement Award in 2025. He is a member of the American Board of Trial Advocates and has been named to Mid-South Super Lawyers 17 times. Partner Brad C. Burnette holds an AV Preeminent rating from Martindale-Hubbell and serves on the association’s Board of Governors, as does partner John Willis. The firm’s attorneys are also regularly voted among Knoxville’s Top Attorneys by CityView Magazine.

What a Tennessee Wrongful Death Recovery Can Include

Economic losses are not capped in Tennessee. These include medical bills from the final injury, funeral and burial costs, and the income and financial support the person would have provided over a working lifetime. Noneconomic damages, such as the loss of companionship and the value of the life itself, are generally limited to $750,000. When a parent of minor children dies, that ceiling rises to $1 million. A jury decides whether the higher limit applies, and the court applies the cap afterward without telling the jury about it.

The cap is lifted in specific situations: where the defendant intentionally caused the harm, was intoxicated to a degree that substantially impaired judgment, destroyed evidence, or was convicted of a felony tied to the conduct. That is one reason the criminal case matters to the civil one. A DUI death can change what a family is able to recover, and the evidence gathered in the criminal investigation can be useful in the civil claim.

Punitive damages are a separate question. They are available only in cases involving especially serious misconduct, and Tennessee limits them to the greater of two times compensatory damages or $500,000.

Fault, Insurance, and Where These Cases Get Contested

Tennessee uses modified comparative fault. If the person who died is found 50 percent or more at fault, the claim is barred; below 50 percent, the award is reduced by that share. Defendants can also point the finger at people who are not even in the lawsuit, and joint and several liability has been abolished in most negligence cases, so each party answers only for its own share. Insurers lean on these rules, particularly when the one person who could tell the story is gone. Scene evidence, vehicle data, witness statements, and reconstruction work carry real weight.

Insurance limits are another pressure point. Tennessee’s minimum liability coverage is only $25,000 per person and $50,000 per accident for bodily injury, which is rarely enough to cover a death. When the at-fault driver is underinsured or uninsured, your own uninsured motorist coverage may come into play, and when the defendant is a company, additional policies or corporate defendants may be available. Identifying every source of recovery early is part of the work.

What Clarksville Families Should Do After a Fatal Accident

Start by getting the official records. A police or highway patrol report, the death certificate, and the medical records from the final treatment all matter. If the death followed a crash, request the crash report and ask whether any criminal charges are being filed, since a prosecution begun within a year can extend the civil deadline to two years. Do not count on that extension; treat the one-year mark as the date that governs and calendar it from the day of the injury.

Preserve what you can. Keep photographs of the scene and vehicles, the deceased person’s phone if it was involved, receipts for funeral and medical expenses, and pay records or tax returns that show earnings. Write down names of witnesses while memories are fresh. Do not give a recorded statement to the other side’s insurance company, and be careful about signing releases or accepting a quick payment. Early offers tend to arrive before the full financial loss is known.

Be careful about social media as well. Posts about the accident, your own activities, or the family’s grief can be pulled out of context later. And if a minor is among those affected by the death or injuries, the deadline rules can differ for the child, which is another reason to get advice before assuming anything about timing.

Wrongful death suits are generally filed in the state’s trial courts of general jurisdiction, the circuit courts, and Montgomery County is part of Tennessee’s 19th Judicial District along with Robertson County. If a case involves federal issues, a defendant from another state, or a federal agency, it may belong in federal court instead. Estate questions, including who serves as personal representative, are generally handled through the county’s chancery or probate court. Our attorneys sort out the right forum and handle the filing so the family does not have to.

Questions Families Ask About Wrongful Death Claims

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

Generally one year, measured from the date of the injury that caused the death. It is not measured from the date of death. Criminal charges against the person responsible can extend the period to two years if the prosecution begins within the first year, but families should not plan around that.

Who can bring a wrongful death claim?

The right of action passes first to the surviving spouse, then to the children or next of kin, or to the personal representative of the estate. A spouse who abandoned the deceased or willfully withdrew for two years can lose the right to bring or collect on the claim if the children or next of kin establish it.

What is the difference between a wrongful death case and a criminal case?

The criminal case is brought by the state to punish conduct. The wrongful death case is brought by the family to recover financial compensation. They proceed separately, use different standards of proof, and one can go forward whether or not the other results in a conviction.

What damages can a family recover?

Medical and funeral expenses, lost income and financial support, and noneconomic losses such as the loss of companionship. Economic damages are not capped, while noneconomic damages are generally limited, with exceptions for catastrophic loss and for certain defendant conduct such as intoxication.

What if my loved one was partly at fault?

You can still recover as long as the person who died was less than 50 percent at fault. Any award is reduced by their percentage. At 50 percent or more, recovery is barred, so fault allocation is often the most contested issue in the case.

How much does it cost to hire your firm?

Nothing up front. Personal injury cases are handled on a contingency basis, so we are paid only if we recover compensation, and the first consultation is free.

Can we still bring a claim if the other driver had very little insurance?

Often, yes. Tennessee’s minimum coverage is low, but other sources may exist, including your own uninsured or underinsured motorist coverage, an employer’s policy if the driver was working, and claims against other responsible parties such as a trucking company or property owner.

Does a death on the job mean we cannot sue anyone?

Workers’ compensation is generally the only remedy against the employer, but it does not stop a claim against a third party. A negligent motorist, equipment maker, or outside contractor may be liable for damages that workers’ compensation does not cover.

Do we need to prove the driver was drunk or texting to win?

No. Negligence is enough for liability. But impairment or phone use can strengthen the case and, in the case of intoxication, can remove the cap on noneconomic damages. Phone and toxicology records are worth preserving early.

What happens if the person who died was a minor or the deceased left minor children?

The loss of a parent of minor children is treated as a catastrophic loss under Tennessee’s damages statute, which raises the noneconomic ceiling to $1 million. Separately, when the injured person was under 18 at the time of the accident, the filing clock may be tolled until that person turns 18, but the rules are fact-specific and should be reviewed right away.

Will the case go to trial?

Many cases resolve in negotiation, but we prepare each one as if it will be tried. When an insurer refuses to pay what a death claim is worth, our trial lawyers are ready to put it in front of a jury.

Is the settlement taxable or does it affect other benefits?

That depends on the components of the recovery and on what benefits the family receives. Tax and benefit questions are worth raising with us and with a tax professional before any settlement is finalized.

Serving Clarksville and Montgomery County Wrongful Death Families

We represent families in Clarksville and across Montgomery County, from downtown and the neighborhoods near Austin Peay State University to Sango, St. Bethlehem, and the communities along Fort Campbell Boulevard and Wilma Rudolph Boulevard. Families in Woodlawn, Cunningham, and Palmyra can reach us as well, along with those in surrounding Robertson County and neighboring communities such as Springfield and Adams.

Our work reaches well beyond that area. We handle wrongful death cases for families in Nashville, Memphis, Knoxville, Johnson City, and everywhere in between, and we represent clients across East Tennessee, including Knox, Sevier, Blount, Anderson, Roane, Campbell, Claiborne, Morgan, Jefferson, and Monroe counties. When a death happens on a Tennessee road or property, where the family lives should not stand in the way of getting the case investigated and filed on time.

Talk With a Clarksville Wrongful Death Attorney

If you have lost someone and suspect another party’s negligence was to blame, speak with a Clarksville wrongful death attorney from our team before the one-year deadline gets any closer. The consultation is free, you pay no fee unless we recover compensation, and we will come to you if you cannot come to us. Call Fox, Farley, Willis & Burnette to talk through what happened and what your family’s options are.