Advocating for personal injury victims for Over 30 years • Proudly Serving Wrongful Death Victims in Nashville and All of Middle Tennessee
Change-making Wrongful Death Lawyers in Nashville, Tennessee
Our outstanding Nashville, Tennessee wrongful death attorneys changed 100 years of Tennessee wrongful death law in winning an appeal to the Tennessee Supreme Court in Jordan v. Baptist Three Rivers Hospital, 984 S.W.2d 593 (Tenn. 1999). In Jordan, the Tennessee Supreme Court recognized that damages in a wrongful death lawsuit could now include monetary damages for the loss of the deceased’s love, affection, companionship and consortium. Prior to this ruling, the Tennessee courts allowed plaintiffs to recover only certain damages on behalf of the deceased. Specifically, plaintiffs could recover damages for the mental and physical suffering, loss of time, and necessary expenses resulting to the deceased from the personal injuries.
But in 1999, our Nashville wrongful death lawyers won in the Tennessee Supreme Court. The Supreme Court held that a surviving spouse and adult children could recover for loss of consortium damages in a wrongful death case.**
What Damages are recoverable in under Tennessee Wrongful Death Law?
Because of our firm, Plaintiffs who are children or the spouse of the deceased may now recover for damages such as loss of companionship, comfort, society, attention, cooperation, affection, care and love, and in the case of the spouse, sexual relations.
Record Verdicts in Wrongful Death Lawsuits
In 2006, Nashville, Tennessee wrongful death attorney David Randolph Smith obtained a record $7.2 million verdict in a wrongful death-medical malpractice case in Warren County, Tennessee against River Park Hospital. The Tennessee Supreme Court affirmed the verdict in 2010.
Once again, our TN wrongful death law firm won in the Tennessee Supreme Court. This time, the Court held that Tennessee law recognizes that hospitals may be found directly liable to their patients.
The death of a family member is the ultimate loss. To even consult with an attorney is often a difficult decision. At the Nashville law firm of David Randolph Smith & Associates we have substantial experience in representing families who have suffered the death of a loved one.
Examples of Wrongful Death Lawsuits
- Alabama Wrongful Death Suit Filed for Failure to Diagnose Rocky Mountain Spotted Fever.
- Illinois Wrongful Death Suit Against Black & Decker for Defective Circular Saw Design.
- $7.2M Verdict Against HCA Hospital
- Confidential settlements to the families of victims who died in the disastrous NHC Nashville Nursing Home fire which ultimately killed 20 residents. And, the state of Tennessee passed a law mandating that all nursing homes in Tennessee must have smoke detectors in each room.
- Seven figure medical malpractice wrongful death settlement (Davidson County)
Confidential Seven figure settlement in wrongful death tractor-trailer trucking accident (Davidson County, Tennessee)
- Settlement to surviving spouse and two adult children in wrongful-death failure to diagnose heart attack case.
- Confidential settlement in wrongful death case against jail and physicians for death of a pre-trial detainee.
- Medical malpractice wrongful death case for failure to timely diagnose colon cancer (Carroll County, TN)
- Tractor-Trailer Trucking Accident Death Case settlement (Fulton County, Georgia)
- Wrongful death settlement (hospital malpractice) (U.S. Dist. Ct. M.D. Tenn.)
- $1.5 million Settlement of Tractor-Trailer Trucking Wrongful Death case, Fairfax, Virginia.
Tennessee personal injury and wrongful death lawyer, David Randolph Smith, brings over 30 years of experience. and unquestioned dedication to protecting the rights of family members who have lost a loved one due to another’s negligence. The firm has a track-record of winning million dollar settlements and judgments in wrongful death cases.
Types of Wrongful Death Lawsuits
As Tennessee wrongful death lawyers, our firm represents victims’ families in a wide range of wrongful death lawsuits, stemming from:
- Motor vehicle accidents, such as a car accident, truck crash, motorcycle crash or boat collision
- Medical malpractice, including birth injuries, medicine error and failure to diagnose a heart attack, stroke or cancer
- Trucking accidents, railroad accidents and plane crashes
- Construction site accidents and safety failures
- Defective drugs and unsafe products
- Negligent hotel security and dangerous premises liability cases
What to Do if You’ve Lost a One Because of Misconduct
If you have lost a loved one in a fatal accident or medical procedure in Tennessee, Kentucky, or Alabama contact a respected Tennessee wrongful death attorney at the Nashville law firm of David Randolph Smith & Associates today. Call us at (615) 742-1775 or email us.
Our experienced Nashville personal injury attorneys and independent experts and investigators are committed to obtain compensation for medical bills, funeral expenses, pain and suffering, and the loss of consortium (love and affection).
The firm received the AV rating under Martindale-Hubbell’s peer review rating system. David Randolph Smith is certified by the Tennessee Bar as a Civil Trial Specialist and as a Medical Malpractice Specialist. He has been selected as a Mid-South Super Lawyer. And is one of the the Top 100 attorneys in Tennessee (in all fields of practice). He is included in the guidebook Best Lawyers in America.
From the moment we take your case, we will be hard at work on your behalf. We conduct a detailed investigation into the causes of the fatal accident. Our powerful negotiation skills help secure a favorable settlement. Litigating your wrongful death lawsuit in court, we will be at your side every step of the way. To schedule a frank discussion of your legal options for filing a wrongful death lawsuit, contact our offices today.
Call us at (800) 394-2119 for a free and confidential evaluation of your case from a board-certified Nashville wrongful death attorney.
**The defense bar acknowledged that:
“In 1999, the value of every wrongful death case in the State of Tennessee increased dramatically when the Supreme Court held that a surviving spouse and adult children could recover for loss of consortium damages in a wrongful death case. See Jordan v. Baptist Three Rivers Hospital, 984 S.W. 2d 593 (Tenn. 1999). Plaintiffs who are children or the spouse of the deceased may now recover for damages such as loss of companionship, comfort, society, attention, cooperation, affection, care and love, and in the case of the spouse, sexual relations. Prior to this ruling, the Tennessee courts only allowed plaintiffs to recover certain damages on behalf of the deceased. Specifically, plaintiffs could recover the mental and physical suffering, loss of time, and necessary expenses resulting to the deceased from the personal injuries.” The Nashville personal injury and medical malpractice law firm of David Randolph Smith & Associates serves clients throughout Tennessee in communities such as Memphis, Knoxville, Chattanooga, Clarksville, Murfreesboro, Jackson, Johnson City, Franklin, Hendersonville, Bartlett, Cleveland, Columbia, Cookeville, Gallatin, Lebanon, Brentwood, Springfield, Dickson, Davidson County, Shelby County, Knox County, Hamilton County, Rutherford County, Williamson County, Robertson County, Cheatham County, Maury County and Montgomery County. We also serve clients in Alabama, Kentucky, Indiana, Mississippi and Illinois. AL, KY, IN, MS, IL.
Nashville Wrongful Death Lawyers