Chattanooga, Tennessee
When negligence takes a loved one, your family deserves an experienced attorney who will fight for the compensation you are owed. We handle both the required probate estate and the wrongful death claim under one roof, guiding your family through every step with compassion and determination.
Losing a family member to someone else's negligence is devastating. During this difficult time, your family deserves compassionate legal guidance and a dedicated advocate who will fight for justice on your behalf. Tennessee's wrongful death statute has an important procedural requirement that families should understand: you cannot file a wrongful death lawsuit until you open a probate estate and appoint a personal representative.
Under TCA Section 20-5-106, the right to bring a wrongful death action in Tennessee belongs exclusively to the personal representative of the deceased person's estate. Not the spouse. Not the children. Not the parents. The personal representative. If no estate has been opened, no one has legal standing to file the lawsuit. This means that before any wrongful death claim can proceed in Hamilton County or anywhere in Tennessee, someone must petition the probate court to open an estate and be appointed as administrator or executor.
Alexander Burd offers families something most personal injury attorneys in Chattanooga cannot: the ability to handle both the probate estate and the wrongful death claim. Most PI lawyers do not handle probate, which means families typically need to hire a separate probate attorney to get the estate opened before the civil case can even begin. That means two attorneys, two retainers, two sets of communications, and two timelines that must be coordinated - all while a one-year statute of limitations clock is ticking.
At the Burd Law Firm, Alex handles both sides. He opens the probate estate, gets the personal representative appointed, and files the wrongful death suit - all coordinated under one roof. This streamlined approach means your family can focus on healing while we focus on pursuing the justice and compensation your family deserves.
Tennessee's wrongful death statute grants the right to sue to the estate's personal representative, who files on behalf of the deceased person's surviving family. The personal representative is typically appointed through probate court and may be:
The personal representative files the wrongful death lawsuit on behalf of all eligible beneficiaries. Any damages recovered are distributed among the surviving family members according to Tennessee's intestacy laws or as directed by the court. If the deceased had a will naming an executor, that person can serve as personal representative. If there was no will, the court appoints an administrator - and that appointment process is part of the probate administration that must happen before the wrongful death case moves forward.
Understanding this distinction matters. Families sometimes try to file a wrongful death claim directly without opening an estate, only to have the case dismissed for lack of standing. That delay can be fatal to the claim if the statute of limitations has run.
Tennessee law allows families to recover both economic and non-economic damages in wrongful death cases. In cases involving particularly egregious or intentional conduct, punitive damages may also be available.
In cases where the defendant's conduct was intentional, fraudulent, malicious, or reckless, Tennessee courts may award punitive damages. These are designed to punish the wrongdoer and deter similar conduct. Examples include deaths caused by drunk drivers, companies that knowingly ignored safety violations, or healthcare facilities that engaged in willful neglect. Punitive damages are not available in every case, but when the facts support them, they can substantially increase the total recovery.
Tennessee imposes a one-year statute of limitations on wrongful death claims, measured from the date of death. Not from the date you discovered the negligence. Not from the date the criminal investigation concludes. Not from the date you finished grieving enough to think about legal action. One year from the date of death.
This is one of the shortest wrongful death filing deadlines in the country, and it creates an urgent practical problem: you must open a probate estate and get a personal representative appointed before you can file the wrongful death lawsuit, and both steps must happen within that one-year window.
Here is what a typical timeline looks like when two separate attorneys are involved:
That is five months gone before the wrongful death case even starts. If complications arise in probate - contested appointment, missing heirs, estate disputes - the timeline stretches further. With a one-year deadline, there is no room for this kind of delay.
When one attorney handles both the probate estate and the wrongful death claim, the estate opening and lawsuit preparation happen simultaneously. The probate petition can be filed within days of engagement, and the wrongful death complaint is ready to go the moment the personal representative is officially appointed.
The Burd Law Firm offers families a significant advantage in wrongful death cases: Alex Burd practices both personal injury law and probate law. This means your family gets one dedicated attorney managing every aspect of your case from start to finish.
With most law firms, families must hire a personal injury attorney and a separate probate lawyer. These two attorneys have different caseloads, different priorities, and different billing structures. The probate attorney is typically paid a flat fee or hourly rate, while the personal injury attorney works on contingency and cannot begin until probate is complete. This arrangement can lead to frustrating delays during an already difficult time.
Common problems with the two-attorney approach:
When Alex handles both, the estate and the lawsuit are coordinated from day one. He files the probate petition while simultaneously investigating the wrongful death claim, identifying liable parties, preserving evidence, and preparing the complaint. The moment the court appoints the personal representative, the wrongful death suit is ready to file. This seamless coordination protects your family's interests and keeps your case moving forward.
This coordination also helps with estate planning considerations that may arise from the wrongful death recovery. If the deceased had minor children, the settlement proceeds may need to be held in trust. If there are multiple beneficiaries, the distribution must follow Tennessee law. Alex handles these issues as part of the same engagement rather than referring the family to yet another attorney.
Chattanooga's position at the intersection of I-24 and I-75 makes it a high-traffic corridor for commercial vehicles, and fatal truck accidents are unfortunately common in Hamilton County. But wrongful death claims arise from many types of negligence.
Fatal crashes involving tractor-trailers, delivery trucks, and commercial vehicles are among the most common wrongful death cases in the Chattanooga area. These cases often involve multiple defendants - the truck driver, the trucking company, the vehicle manufacturer, and sometimes the cargo shipper. Federal motor carrier regulations add complexity. Evidence must be preserved quickly because trucking companies have legal teams on-site within hours of a fatal crash, and electronic logging data can be overwritten.
Construction site fatalities, industrial accidents, warehouse injuries, and falls from height can give rise to wrongful death claims. While workers' compensation is typically the exclusive remedy against an employer, claims against third parties - equipment manufacturers, subcontractors, property owners - may be available. These cases require careful analysis of who was responsible for site safety.
When a defective product causes death - a malfunctioning vehicle component, a dangerous pharmaceutical, a faulty piece of equipment - the manufacturer, distributor, and retailer may all be liable under Tennessee product liability law. These cases require expert engineering or medical testimony to establish the defect and its causal connection to the death.
Wrongful death cases arising from medical malpractice have different procedural requirements in Tennessee. They require pre-suit notice to the healthcare provider, a certificate of good faith from a medical expert, and are subject to caps on non-economic damages. The procedural hurdles are higher than in other wrongful death cases, and the costs of expert witnesses are substantial. We thoroughly evaluate medical malpractice wrongful death cases and work diligently to pursue every viable avenue of recovery for your family.
Because wrongful death claims in Tennessee require both probate and civil litigation, the process involves parallel tracks that must be carefully coordinated.
We meet with your family to understand the circumstances of the death, identify the liable parties, assess the available evidence, and determine who should serve as personal representative of the estate. We evaluate the wrongful death claim, explain your legal options, and outline the path forward. This initial consultation is completely free and confidential.
We file a petition with the Hamilton County Probate Court (or the appropriate county) to open the deceased person's estate and appoint a personal representative. If the deceased had a will, the named executor is typically appointed. If there was no will, we petition for appointment of an administrator - usually the surviving spouse or an adult child. This step gives the personal representative legal standing to file the wrongful death lawsuit under TCA Section 20-5-106.
While the probate petition is pending, we simultaneously begin investigating the wrongful death claim. We obtain police and accident reports, preserve physical evidence, interview witnesses, photograph the scene, and identify all potentially liable parties and their insurance coverage. In trucking cases, we send immediate spoliation letters to prevent destruction of electronic logging data, dashcam footage, and maintenance records. Early investigation is critical because evidence disappears.
Once the personal representative is officially appointed by the probate court, we file the wrongful death complaint in the appropriate Tennessee civil court. The complaint identifies all defendants, sets forth the allegations of negligence or wrongful conduct, and specifies the damages sought. Filing the complaint stops the statute of limitations clock.
With both the probate estate and the civil case open, we manage both proceedings simultaneously. The probate estate may require creditor notifications, asset management, and court filings. The wrongful death case moves through discovery, depositions, expert witness development, and settlement negotiations. Because one attorney handles both, these proceedings stay synchronized. Settlement proceeds flow through the estate and are distributed to beneficiaries according to Tennessee law.
Wrongful death cases resolve through settlement, mediation, or trial verdict. Once a recovery is obtained, the proceeds are deposited into the estate account. After payment of case expenses and attorney fees, the remaining funds are distributed to the surviving family members. If minor children are beneficiaries, the court may require the funds be placed in trust. We handle the estate distribution and closing as part of our engagement - families do not need to hire a separate attorney to wrap up the probate side.
Under Tennessee Code Annotated section 20-5-106, the right to file a wrongful death lawsuit belongs to the personal representative of the deceased person's estate. The personal representative files on behalf of the surviving spouse, children, parents, or next of kin. If no estate has been opened, the court must appoint a personal representative before the lawsuit can proceed. The surviving family members are the beneficiaries of any recovery, but the personal representative is the one who actually files the suit.
Yes. Tennessee law requires that an estate be opened and a personal representative appointed before a wrongful death lawsuit can be filed. Under TCA Section 20-5-106, the personal representative is the only party with legal standing to bring the claim. This means families must go through probate court to establish the estate before pursuing the civil case. This is why having one attorney who handles both probate and personal injury matters is a significant advantage - it eliminates coordination delays between two separate lawyers.
Tennessee wrongful death damages fall into several categories. Economic damages include medical expenses incurred before death, funeral and burial costs, and lost future earnings the deceased would have provided. Non-economic damages include the mental anguish and grief of surviving family members, loss of companionship and consortium, and loss of parental guidance for minor children. In cases involving egregious or intentional conduct, punitive damages may also be available to punish the wrongdoer and deter similar behavior.
Tennessee imposes a one-year statute of limitations for wrongful death claims, measured from the date of death - not from the date the family discovers the cause of death or the negligence involved. This is one of the shortest wrongful death filing deadlines in the country. Because an estate must be opened before the suit can be filed, families need to act quickly. If you miss this one-year deadline, the court will almost certainly bar your claim regardless of its merits.
Yes. A wrongful death lawsuit is a civil action, separate from any criminal prosecution. The two cases proceed independently in different courts with different standards of proof. Criminal cases require proof beyond a reasonable doubt, while civil wrongful death claims use the lower preponderance of the evidence standard. A family can pursue a wrongful death claim even if criminal charges are dropped, reduced, or result in acquittal. The civil case outcome does not depend on the criminal case outcome.
Tennessee law requires an open probate estate with an appointed personal representative before a wrongful death lawsuit can be filed. This creates a situation where families need both probate and personal injury legal work done in coordination. Most personal injury attorneys do not handle probate, so families end up hiring two separate lawyers who must coordinate with each other - causing delays, miscommunication, and higher costs. An attorney who practices both probate and personal injury can open the estate and file the wrongful death claim simultaneously, saving weeks or months of critical time within the one-year statute of limitations.
Results may vary. Past results do not guarantee future outcomes. This is not legal advice. Each wrongful death case is unique and results depend on specific facts, circumstances, applicable law, available insurance coverage, and other factors. The information on this page is for educational purposes only and does not create an attorney-client relationship. Contact our office for a confidential case evaluation.
Your family deserves compassionate, experienced representation during this difficult time. We handle both the probate estate and the wrongful death claim, so you can focus on what matters most. Call us today for a free, confidential consultation.
Call us directly:
(423) 777-6116Or schedule your free consultation online:
Free consultation. No obligation. Wrongful death cases are handled on a contingency fee basis - you pay nothing unless we recover compensation for your family.
The Burd Law Firm represents wrongful death clients throughout the Chattanooga metropolitan area and surrounding Tennessee communities. We handle wrongful death cases in Hamilton County, Bradley County, Marion County, Sequatchie County, Catoosa County (Georgia), and Dade County (Georgia).
Office Location:
412 Georgia Ave Suite 102
Chattanooga, TN 37403
Office Hours:
Monday - Friday: 9:00 AM - 5:00 PM
Evening and weekend appointments available for wrongful death consultations
Licensed to practice in Tennessee, Alabama, and Georgia. Alex Burd can represent families in wrongful death and probate matters across all three states.
Time is important. Tennessee's one-year statute of limitations for wrongful death claims runs from the date of death. Because an estate must be opened before the lawsuit can be filed, it is important to begin the process as soon as possible. We are here to help whenever your family is ready - call us for a free consultation to discuss your options.