Have You Lost a Loved One?

At Massey & Associates, P.C., we understand the profound impact wrongful death has on families, and we are dedicated to helping you through this difficult period. Our Chattanooga wrongful death lawyers have many years of combined experience and have recovered millions on behalf of our clients. We offer free consultations, charge no upfront fees and are available 24/7 to assist you.

What Is a Wrongful Death in Tennessee?

Tennessee Code Annotated section 20-5-106 defines a wrongful death as one caused by a wrongful act, omission or killing by another. Wrongful acts or omissions can be viewed as breaches of a duty of care.

If a Chattanooga personal injury attorney can prove your loved one’s death was caused by a wrongful act, omission or killing by another, you can recover compensation for damages caused by your loss.

Since the victim cannot file a lawsuit on his or her behalf, certain surviving family members and/or the personal representative of the estate are given the right to pursue legal action on the victim’s behalf.

Wrongful deaths result from a variety of scenarios, including:

  • Car accidents
  • Motorcycle accidents
  • Truck accidents
  • Workplace accidents
  • Pedestrian accidents
  • Bus accidents
  • Bicycle accidents
  • Construction site accidents
  • Boat accidents
  • Defective products
  • Medical malpractice
  • Nursing home abuse
  • Criminal activity

Liability for Chattanooga Wrongful Death Cases

Chattanooga wrongful death lawyers can file cases against various liable parties, including:

  • Reckless or negligent drivers
  • Trucking companies
  • Employers
  • Doctors and other health care providers
  • Nursing homes
  • Boat operators
  • Product manufacturers or designers
  • Hospitals and medical facilities
  • Nursing home caregivers

At Massey & Associates, P.C., we are committed to holding all negligent parties accountable for the damages they have caused your family. We have the resources and legal knowledge to build a robust case against those responsible for your loved one’s death.

Contact our firm to schedule your free legal consultation: (423) 396-0720.

  • $268,000,000

    Product Liability

    This was a national case covering hundreds of plaintiffs when an implanted heart defibrillator malfunctioned, injuring many and even killing some people.

  • $2,000,000

    Medical Malpractice

    Husband of a young mother who died due to the failure to diagnose a pulmonary embolism

  • 1,311,750

    Motor Vehicle Accident

    Boy injured in a jet ski accident

Who May Be Eligible To File a Wrongful Death Lawsuit in Tennessee?

Tennessee law gives the following individuals the right to file wrongful death lawsuits:

  • The surviving spouse: The decedent’s spouse has the primary right to file a wrongful death claim. For example, if a construction worker died due to unsafe working conditions, his surviving spouse would have the right to file.
  • Children of the deceased: If there is no surviving spouse, the decedent’s children may file the lawsuit.
  • Parents of the deceased: If the decedent had no spouse or children, the parents may be eligible to file.
  • Personal representative of the estate: In some cases, the personal representative of the decedent’s estate may file the claim on behalf of the beneficiaries.
  • Siblings: In some cases, if no other relatives exist, the deceased’s siblings might be eligible to file the lawsuit.

If you are unsure about your right to file a wrongful death case, contact our Chattanooga wrongful death lawyers today for legal assistance. There are no upfront costs or fees with our services.

Compensation For a Chattanooga Wrongful Death Lawsuit

Under state law, families who lost loved ones due to another’s negligence may be able to seek the following forms of compensation in a lawsuit:

  • Pain and suffering experienced by the surviving family members
  • Mental anguish experienced by the survivors
  • Funeral expenses
  • Burial costs
  • Loss of benefits
  • Loss of the decedent’s earning capacity for the life expectancy the deceased
  • Lost companionship

Wrongful death claims may also include claims for punitive damages for intentional, malicious, reckless, and fraudulent actions. However, it can be difficult emotionally and practically to consider the value of a wrongful death. This is one reason why it is vital to hire an experienced Chattanooga wrongful death lawyer to guide you through this difficult process.

  • Gary Massey

    Gary Massey

    Gary Massey, Jr., is a well-known courtroom advocate practicing law in Chattanooga, Tennessee. Gary is a native of Tennessee who began practicing law in 1998. He graduated from Cumberland School of Law where he was ranked in the top 3% of his class and was an editor of the Cumberland Law Review.

    Read Bio: Gary Massey

What Is the Difference Between a Wrongful Death Claim and a Survival Claim?

There are two main types of civil actions families can file after the loss of a loved one because of another’s negligence: wrongful death claims and survival actions.

A wrongful death claim seeks to compensate surviving family members for their losses due to the death of their loved one. A survival claim is filed on behalf of the deceased person’s estate and seeks damages that the deceased would have been entitled to if they had survived.

For example, if an individual passes away after enduring severe pain and suffering from an injury caused by another’s negligence, a survival claim can include compensation for the pain and suffering experienced by the decedent before death. A wrongful death claim, however, would seek compensation for the family’s pain and suffering after the victim’s death.

Survival claims could also include the following forms of compensation:

  • Loss of earning capacity between the date of injury and the date of death
  • Property damage
  • Medical costs between the time of the injury and death

Deadlines for Wrongful Death Claims in Tennessee

When a loved one dies, everyone mourns their loss and often struggles with how to live without their loved one. However, in cases where a loved one dies because of another’s mistake, recklessness, or negligence, it can take much longer for a family to feel normal again.

However, while it is important to mourn, there is limited time to take legal action. Tennessee’s statute of limitation for a wrongful death action is one year after the date of the accident. Once the year passes, grieving families lose the right to file a lawsuit.

It takes time for a lawyer to build a strong case, so you should talk to an experienced attorney as soon as possible.


  • No upfront cost if we handle your case.
  • Our team has seasoned, dependable lawyers with a history of delivering results.
  • MILLIONS recovered for our clients.

Call Our Chattanooga Wrongful Death Lawyers for Assistance

Navigating the complexities of a wrongful death lawsuit can be daunting during an already challenging time. At Massey & Associates, P.C., we are committed to providing compassionate and knowledgeable legal support to help you get the justice and compensation you deserve.

If you have lost a loved one due to someone else’s negligence, do not wait to seek legal advice. Contact us for help obtaining the justice your family deserves. Our legal team charges no upfront fees and the initial legal consultation is free.

Our Chattanooga office is located at 6400 Lee Highway, a 20-minute drive from the Hamilton County Court.

Contact our experienced law firm today at (423) 396-0720.