Wrongful Death of a Minor in Nashville

There is nothing more traumatic and emotional than the death of a child. To have a parent outlive their child is something that should never happen. Dealing with the wrongful death of a minor in Nashville can be overwhelming to go through. If you have lost a child due to the negligence of others, get in touch with a compassionate and capable wrongful death attorney today.

Common Causes of Wrongful Death of a MinorMinors have very few heart attacks or other ailments like older people, so wrongful death of a minor in Nashville, typically involves a car accident or a truck accident. There are also medical malpractice cases involving children where they have passed away; boating and swimming accidents; and swimming pools.

Are Wrongful Death of a Minor Cases Frequently Heard in Nashville?Where a wrongful death case is heard really just depends on where the accident happened. If the tragedy occurred in Nashville, that is where the lawsuit is going to be filed. If the tragedy occurred in one of the surrounding cities, like Murfreesboro, Knoxville or Memphis, then a wrongful death lawsuit would be filed in that city. It can be filed where the specific liability claim occurred, not necessarily the person’s passing if the manufacturer is somewhere in Tennessee.

If a Minor Collapses During Physical Activity, Can That Develop As a Wrongful Death Case?The only way that a minor collapsing during strenuous physical activity and dying, would develop into a wrongful death case would be if there was notice. A person cannot tell if a child has a pre-existing condition just by looking at them. But, if a parent told the school that their child has this condition and should not over-exercise and the school or daycare or some other person that has custody of the child ignores those instructions, then that would develop into a wrongful death case.

Necessity of At-Fault Parties in Wrongful Death of a Minor CasesThere has to be an at-fault party when it comes to cases concerning the wrongful death of a minor in Nashville. Sometimes unfortunate things happen and it is nobody’s fault. But for a person to bring a lawsuit or a legal claim of some sort, somebody has to be responsible.

Somebody made a conscious choice to do what was not safe, reckless or dangerous and breached their duty of care. If there was no person, corporation, or product at fault, then it was just a tragedy; one of those horrible life circumstances.

Difference Between Wrongful Death and Negligence Leading to the Death of a MinorThere really is no difference between wrongful death of a minor in Nashville, and negligence leading to the death of a minor;  one is necessary for the other. If somebody is negligent and that causes the death of a minor, then that becomes a wrongful death lawsuit. Same as reckless or criminal behavior that causes the death of a minor or anyone, then that would become a wrongful death claim for the survivors.

Damages Sought After Wrongful Death of a MinorThe damages are the same as in any wrongful death, e.g., economic losses (medical bills, funeral expenses, et cetera); loss of expected earnings (experts will try to prove that the minor was on the path, like their family, to be a wage-earner, take over the company, had the grades and would have contributed to their family and society); and emotional damages (death of a child or a minor are tremendous). There is no greater loss than that. If you have lost a child due to someone’s negligence and you want to pursue a wrongful death of a minor in Nashville case, speak with a qualified attorney that can fight for justice for you.

Author Bio

Jim Higgins, founder of the Higgins Firm, is a seasoned personal injury attorney with deep roots in Nashville, Tennessee. A 4th generation Nashvillian, Jim carries on the legal legacy of his father, a judge for over 30 years. After graduating from the University of Memphis School of Law, Jim’s career began on the other side of the courtroom, defending insurance companies and learning their tactics for minimizing settlements. However, he soon realized his true calling was fighting for the rights of the injured, and for the past several years, he has exclusively represented plaintiffs in personal injury cases.

Since then, his dedication and skill have earned him membership in the prestigious Million Dollar Advocates Forum, an organization limited to attorneys who have secured million and multi-million dollar verdicts and settlements for their clients. Licensed to practice in Tennessee, Kentucky, and Georgia, Jim focuses on personal injury, product liability, medical malpractice, and workers’ compensation cases. His exceptional work has been recognized by his peers, earning him a spot on the Super Lawyers list from 2021 to 2024, a distinction awarded to only a select group of accomplished attorneys in each state.

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