We Understand That Results Matter

Photo of Jeffrey P. Boyd and Ricky L. Boren

What elements must be proven in a wrongful death claim?

On Behalf of | Jul 14, 2026 | Wrongful Death |

Losing a loved one because of another person’s actions is devastating. Along with the emotional impact, surviving family members may also face financial hardship and uncertainty about what comes next.

If you are considering Tennessee wrongful death claims, it helps to understand what must be established before compensation may be available. Every claim depends on evidence showing that specific legal elements are present.

A duty of care existed

The first step is showing that the responsible party owed your loved one a duty of reasonable care. For example, drivers must operate vehicles safely, property owners must maintain reasonably safe premises, and medical providers are expected to meet accepted standards of care. Establishing this legal duty creates the foundation for the rest of the claim.

The duty was breached

A wrongful death claim must also show that the responsible party failed to meet that duty. A breach may involve careless actions, unsafe decisions, or failing to act when reasonable care required it.

The facts of each case determine how this element is proven, whether the death resulted from a motor vehicle collision, a dangerous property condition, defective equipment, or another preventable event.

The breach caused the death

It is not enough to show that someone acted carelessly. The evidence must also demonstrate that the breach directly caused or substantially contributed to your loved one’s death.

Medical records, accident reports, witness statements, and expert opinions are often used to establish this connection. Tennessee wrongful death claims depend on showing that the death was a foreseeable result of the conduct in question.

The family suffered measurable damages

The final element requires proof that the surviving family or estate experienced losses because of the death. These damages may include lost financial support, medical expenses incurred before death, funeral costs, and the loss of services or future financial contributions.

In some situations, evidence about the deceased person’s earning ability, health, age, and expected future income may help demonstrate the full extent of these losses. These factors are often central to the elements of a wrongful death lawsuit.

If you have questions about Tennessee wrongful death claims, seek legal guidance to understand your rights and the evidence that may support your claim.

Archives

FindLaw Network
Lawyers Involved For Tennessee
Rated by | Super Lawyers | Ricky L. Boren | SuperLawyers.com
Rated by | Super Lawyers | Jeffrey P. Boyd | SuperLawyers.com
Martindale-Hubbell | AV | Preeminent® | Peer Rated for Highest Level Of Professional Excellence | 2023
Martindale-Hubbell | AV | Preeminent® | Peer Rated for Highest Level Of Professional Excellence | 2022
Lead Counsel Rated | LC
Tennessee Trial Lawyers Association | Member 2022- 2023 Board Member
LIFT | Member 2021- 2022
TTLA Circle of Advocates | Member 2021 -2022
American Associaton For Justice | The Association For Trial Lawyers | Member
The National Trial Lawyers | Top 100
Motor Vehicle Trial Lawyers | Top 25
Martindale-Hubbell | Distinguished® | Peer Rated for High Professional Achievement | 2017
Tennessee Trial Lawyers Association | Member 2026 - 2027 | Executive Committee
Tennessee Trial Lawyers Association | Member 2026 - 2027 | Board Member