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    Nashville, TN 37205

    Nashville:     (615) 500-0716
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Nashville Tennessee Personal Injury
Wrongful Death

Nashville Tennessee Personal Injury Lawyer Kevin Moore {Amputations Injuries}




You Deserve Superior Personal Injury Representation!

A ttorneys at the Kevin Moore Personal Injury Law Firm help victims of Tennessee injuries receive just compensation for their losses. We're not just another law firm. We're not just any lawyers. We are highly experienced personal injury attorneys - that is what we do. We serve clients throughout Tennessee from our office Nashville.

If your injury is serious enough and your case is important enough to you then contact a lawyer. It is critical that you do the research to find a reputable, capable attorney. We believe our success in recovering large awards and settlements speaks for itself about the quality of our representation, quality that we refer to as the "Advantage of Experience."

This Website discusses our PI legal practice and our credentials, and it provides some general information on Nashville Tennessee Personal Injury Law. Every case is unique and deserves to be evaluated on its own merits. Please contact us for a free consultation before making a decision about representation. You will speak with Kevin Moore directly not a staff member.

Our Firm welcomes the challenges offered by difficult cases involving serious injuries and complex issues. We know how to fight opposing lawyers and the insurance companies and win. If you have been injured in an wrongful death accident due to the negligence of any other party, do not hesitate to call and talk to us. You should know that we often collect damages well beyond what the insurance companies offer. You deserve to know your valuable Legal Rights.


You Need An Attorney Who Specializes In Personal Injury (PI) Law

What you don't need is a lawyer who "also" practices PI cases. More and more, laws are being written that are only fully understood by those few lawyers who are highly competent in specific areas. Finding the "right lawyer", means a lawyer with substantial personal injury (PI, Workers Comp & SSD) knowledge and experience, is what you want when you need competent help. Lawyers should be selected for their expertise and experience in specific specialties of law. The "right lawyer" for your Personal Injury case is the person who has substantial experience handling a case very similar to yours, who can and will take action at once.

Kevin Moore and his Nashville Tennessee Personal Injury law firm is who you want and what you need!


Wrongful Death - Definition

Losing any loved one is a painful loss. Losing a loved one due to wrongful death is likely is the ultimate loss. If wrongful actions by someone caused injuries that resulted in your loved one's death, that is legally defined as a wrongful death.

In the past, under common law there was no legal action that surviving family members could take. That changed when laws were created to protect survivors. Now, in every state in the US, the representative or heirs of a person lost to wrongful death may file a civil action lawsuit for monetary damages.

The laws, however, vary quite a bit from state to state, so consulting with a highly qualified Tennessee Wrongful Death Attorney is advisable. We pursue justice, one case at a time; you can contact Kevin Moore directly or reach Kevin through his Contact Form> on this site.

What Has To Be Proven?

Civil suits for wrongful deaths do not have the same burden of proof that criminal cases require. The standard of proof in the United States is typically preponderance of the evidence as opposed to clear and convincing or beyond a reasonable doubt. The issue of liability will be determined by the tort law of Tennessee.

Who Can File Wrongful Death Suits in Tennessee?

There is an order of precedence in Tennessee law as to who has a right to file a Wrongful Death suit. You should contact Kevin to determine the proper party but generally it is in the following order:

  • Spouse
  • Children of the Decedent
  • Parents
  • Executor or Executrix of the decedent's estate
  • Administrator or Administratrix of the decedent's estate

If there are several people qualified then the court will select the person to take a lead role (plaintiff) in the case. The court will decide this after weighing several factors, including the relationship between the applicant and the decedent, the abilities of the applicants, who filed suit first, etc. The court will also look at the applicable Tennessee statute which establishes who has superior rights to bring a claim.

Timing Is Important

Generally, a Tennessee wrongful death claim must be brought within two (2) years from the date the claim accrues, which is usually the date of the death. However, special rules apply if the decedent was injured and did not immediately die. When trying to determine the time within which you must bring the action, it is very important that you consult with an attorney because the rules can be tricky to interpret, and the claim may have to be filed much sooner than you might think.

Does the Person Who Files Have The Right To The Damages?

The person who has the right to bring a lawsuit does not determine who has a right to damages. The person who ultimately gets the right to bring the suit may or may not be able receive any portion of the money awarded by any settlement or judgment. The person or persons entitled to the proceeds of a wrongful death suit is governed by a different set of Tennessee laws. The issues can be complex, contact Kevin if you have questions on damage rights.

Monetary Damages for Wrongful Death

The main method courts have for measuring loss in wrongful death lawsuits is pecuniary damages - that is, the court must determine the proper monetary compensation for the financial loss that the death has caused. The amount includes income, pension distributions and even services such as taking care of the children. Another theory of recovery permits the plaintiff to collect compensation for the loss of love, companionship and guidance of the deceased. Though this may seem unsympathetic or cold, monetary damages are the only remedy that civil courts have at their disposal. Although no amount of money can bring your loved one back, receiving compensation can help rebuild your family's life and provide financial security. Thus, when the courts measure loss, the first thing most of them turn to is quantifiable data:

  • How much money did the deceased earn?
  • How much money did the deceased save?
  • How financially dependent were the survivors on the deceased?

The court will also take into consideration:

  • Funeral and medical expenses
  • Loss of future earnings and benefits (calculated based on the age the victim would retire or die a natural death)
  • Loss of inheritance

Possible non-monetary awards for Wrongful Death

  • Loss of companionship, love, affection, services, and protection
  • Mental anguish of the survivors
  • Pain and suffering the victim encountered before their death

The wrongful death lawsuit is meant to compensate certain surviving family members, not necessarily to punish the party responsible for the death. Tennessee allows for punitive damages in wrongful death cases and pain and suffering are allowed as a measure of damages if the decedent survived the accident for any period of time prior to death

Some of the Other Factors in Determining Economic Loss

Courts look at a number of elements when they determine the level of financial loss the plaintiff in a wrongful death lawsuit has suffered. Most of the considerations take into account specific characteristics of the person who died:

  • Earning potential
  • Health
  • Life expectancy
  • Assets

Courts assess these factors when considering the financial dependence of the plaintiff on the deceased.



Some activities that might not seem economic at first glance can be characterized as such by the court. This is because it would cost money to have someone besides the deceased perform the activities. They include:

  • Child care
  • Housekeeping
  • Assistance with family member's medical or daily living needs

The plaintiff may wish to use expert testimony to establish the amount of loss.

Factors in Determining Emotional Loss

Not all of the emotional harm suffered by the plaintiff can be compensated by the court. Some aspects of what the decedent contributed to the family, however, are "calculated" by the court:

  • Parental guidance
  • Companionship
  • Affection

In making this determination, the court will look at the strength of the relationship between the plaintiff and the decedent. The weight the court gives this type of loss changes based on the particular state's laws.

Survival Action for the Injuries of the Deceased

Some courts will allow the plaintiff to sue for injuries sustained by the person who died. This is called a "survival action" because the legal claim survives after the injured person's death. This claim could be presented at the same time as the wrongful death lawsuit. If this is allowed, the plaintiff may need to show that the injured person was aware of and emotionally affected by the injuries before passing away.


If You Need Help Now

Managing wrongful death lawsuits requires a firm known for winning large monetary claims in Tennessee. If you want a strong advocate and need a fighter on your side, call Kevin at our Nashville wrongful death office at (615) 500-0716, throughout Tennessee, Toll Free, at (888) 452-3043 or you may also contact us though this site's Contact Form.


Nashville & Tennessee Wrongful Death Accident FAQs

Nashville wrongful death accident attorney Kevin Moore has devoted his practice to representing those injured due to the negligence of others. A major portion of his practice is defending the rights of those who are injured in Nashville wrongful death accidents. The following are some of the most Frequently Asked Questions regarding Nashville wrongful death accidents.

Frequently Asked Nashville area Wrongful Death Questions

What is the difference between a civil case and a criminal case against someone who caused a death?

A criminal case can only be brought by the government. The prosecutor makes a case against the person accused of a crime, seeking prison time or another punishment. The prosecutor must meet a higher standard of proof than in a civil case. A civil wrongful death case can be filed by anyone whose private rights or civil rights have allegedly been violated by another party. When a private party files a civil lawsuit for wrongful death, the party is seeking monetary damages, compensation for the loss suffered. A civil trial for wrongful death, therefore, is very different from a criminal trial for murder or manslaughter. Back to FAQ List



What if an unborn child dies?

In many states, the baby must be born alive for its death to be the subject of a wrongful death lawsuit. This is not always the case, however. In some states, the fetus must have been viable (able to live outside the mother's womb) even though it was not born; in other states, viability is not an issue. Mr. Moore will be able to fully explain the laws in Tennessee and your legal rights under such circumstances. Back to FAQ List



Are all state laws the same regarding wrongful death?

No. Because states make their own wrongful death laws, they differ quite a bit. Sometimes, you may have a choice of the state in which you file a lawsuit. This is an important decision and should be discussed with your attorney before any suit is filed.. The length of time each state gives a plaintiff to file a wrongful death lawsuit may be different, along with the type of monetary damages the state will allow the plaintiff to recover. Back to FAQ List



Are punitive damages recoverable in wrongful death actions?

Yes. Punitive damages are an extra monetary penalty against the party found legally responsible in a civil lawsuit. They are usually awarded because the defendant's behavior was reckless or malicious. Tennessee allows for punitive damages in wrongful death cases and pain and suffering are allowed as a measure of damages if the decedent survived the accident for any period of time prior to death. Back to FAQ List



What if a person dies before bringing a personal injury lawsuit?

If the person dies of the injuries that would have been the subject of the lawsuit, then the representative or heirs may be able to file a wrongful death lawsuit and they may include the personal injury lawsuit, too. If the person who was injured dies of other causes, then the representative or heirs usually can file the personal injury lawsuit on behalf of the person's estate. If the statute of limitations has run on the personal injury lawsuit, and the death resulted from those injuries, the legal claim may not be valid anymore. Kevin can help you sort out your state's and/or Tennessee's approach. Back to FAQ List



Can a plaintiff bring a wrongful death action if the deceased never had a job?

Even if a loved one never had a job, he or she might have contributed to the family in other ways. The plaintiff may be compensated for services the deceased person had been providing and would have continued to provide. This includes housekeeping, child rearing and similar activities. The plaintiff also may recover for the loss of companionship in addition to medical and funeral expenses. If the loved one was in school to prepare for a profession, this could also be taken into consideration. Back to FAQ List



Can a plaintiff sue for the pain and suffering of the decedent in a wrongful death lawsuit?

While a wrongful death award compensates the survivor, a pain and suffering award normally compensates the person who experienced the pain and suffering. Pain and suffering are allowed under Tennessee law as a measure of damages if the decedent survived the accident for any period of time prior to death. The pain and suffering must have been due to the injuries that eventually caused death, and the person who died must have been conscious enough to actually experience the pain and suffering. Back to FAQ List



Can I bring a wrongful death action based on the death of a child or an elderly person?

Yes. The calculation of damages, however, may be different than if a parent who supported a family had passed away. It is likely focus on the non-monetary contributions or the services that the deceased provided to the family. Back to FAQ List






You Need An Attorney Who Knows Tennessee Personal Injury Cases related to Wrongful Deaths



Do Not Sign Any Insurance Release Claim Without a Legal Review

If you have already signed a release, all is not lost!  We can and have successfully handled cases and had such releases nullified when it has been in our clients' interests. Release forms are not written to protect you - they are written to protect the insurance company and, when their clients are at fault, they are written to protect them. Call us and let us review your case and any release form before you sign it. Kevin offers free consultations to look over the facts of your case!

Your Insurance Agent Does Not Really Work For You!

You may be good friends with your insurance agent, we are with ours, but unlike attorneys who do have legal (fiduciary) responsibilities to their clients, most insurance agents are employees of their respective companies and they keep their employers' interests in mind for all cases. We do believe that the vast majority of insurance agents act with integrity but in Personal Injury circumstances you really do want your legal advocate to protect all of your interests.

Claims Are Not Limited To Insurance Coverage

Even though the party that injured you may have insurance there are many cases where the injuries and long term impacts go beyond their insurance coverage. There may also be second and third parties involved who share the legal and financial responsibilities. As your advocate Kevin investigates all avenues in getting you as much compensation for your personal injury as possible. Kevin has the knowledge and the resources to get you the compensation that you deserve.

Reasonable Expectations: 

If your wrongful death accident resulted from the negligence of another party, you should rightfully expect quality care, covering all of your injury related expenses, compensation for property loss or damage, and possibly entitled to compensation including monetary damages for pain and suffering, lost wages, loss of enjoyment of life and loss of earning capacity. These are reasonable expectations but all too often you end up having to fight individuals & insurance companies for your rightful compensation! You don't have to settle for what the Insurance Company proposes.

You may need a fighter by your side!

You may need a fighter by your side! Just when you are at your weakest you may have to fight! Insurance companies are notorious for denying claims, stalling appeals, and denying rightful or quality care and services. The insurance company's goal is to save money - not to assure you your rightful care and compensation. There are thousands and thousands of cases where, with the right lawyer representing amputations cases, that the insurance companies have their denials of services and claims denied by a Judge. The injured parties can win if they have the right attorney taking on the fight for them - not a firm that is distracted by other practices and is willing to settle for less!

At the Nashville Tennessee Personal Injury Law Firm of Kevin A. Moore, you can be assured that our Personal Injury legal team will listen to you with compassion and understanding. Attorney Kevin More is well qualified to have your medical records evaluated, communicate with your doctors and therapists and encourage you to follow the prescribed recommended therapies to make sure that you are getting everything you are entitled to under Tennessee PI law. If you are not getting what you are entitled to, Kevin is ready to fight the insurance companies for you at Mediations and, if necessary, at trial. With Kevin Moore as your attorney, you will have the best Nashville Tennessee PI lawyer in the State representing you!

Kevin Moore's Experience: 

Kevin Moore has been aggressively practicing law and guiding and protecting his clients' interests since 1992. Kevin and his Firm have handled over 4,500 Personal Injury cases and a significant number of cases involving wrongful death accidents. No Nashville Tennessee attorney will do a better job in seeing that you get justice and compensation for your loss and injuries. Call us or contact us now. Our consultations are always free and you never pay a fee unless we win your case. In Nashville or State Wide the Nashville Tennessee PI Law Firm of Kevin A. Moore will be on your side and by your side.





We Are Here To Serve You, Not Ourselves

Our main marketing tool is taking care of the clients we have. We know that when we do a good job for you that the word will go out and our business will grow. Our culture revolves around client services. Our primary focus is to do excellent work for each and every client; to go all out and win the case. Building solid relationships with our clients and producing great results will translate into referrals helping our business grow.