Losing a loved one is a heart-wrenching experience that becomes even more painful when someone else is to blame. If someone in your family recently passed away because of someone else’s negligent, reckless, or deliberately harmful behavior, you could be entitled to pursue a wrongful death claim against them. While filing a wrongful death lawsuit may not bring back your loved one, it can help alleviate financial strain and achieve a sense of justice.
Who Can File a Wrongful Death Claim in Tennessee?
In Tennessee, a surviving spouse may file a wrongful death claim. If there is no surviving spouse, eligibility proceeds in the following order:
- Surviving children
- Next-of-kin
- The personal representative or administrator of the deceased’s estate
In Tennessee who has priority to file a wrongful death case can depend on various factors. Tennessee Code Annotated 20-5-107(a) and Tennessee Code Annotated 20-5-106.
Our knowledgeable Tennessee wrongful death attorneys can help determine whether you may file a claim.
How Do You File a Wrongful Death Claim in Tennessee?
Practically speaking, the process of filing a wrongful death claim in Tennessee should begin with a consultation with our experienced personal injury attorneys. We can review your case, determine your eligibility, and investigate the incident to establish who’s to blame. Next, we can:
- Send a demand letter to the at-fault party and their insurer, explaining your case and outlining the evidence we’ve gathered on your behalf
- File a complaint with the relevant circuit court and serve notice on the defendant that you are initiating legal proceedings against them
- Negotiate with the defendant and their insurer for a fair settlement
- Take your case to trial if the defendant won’t agree to a settlement
How Our Lawyers Can Help with Your Wrongful Death Case
The skilled attorneys at The Terry Law Firm are ready to file a wrongful death lawsuit for you if you have a valid case. We can gather essential evidence, develop a solid claim, and negotiate with at-fault parties and their insurance providers. If necessary, we are prepared to represent your interests in court to fight for the maximum compensation you deserve.
Time Limit for Filing a Tennessee Wrongful Death Claim
Tennessee gives you just one year to file a wrongful death suit. Missing this deadline would likely result in your case being dismissed as untimely, costing you your chance at compensation. As such, consulting with our knowledgeable attorneys as soon as possible is crucial.
Potential Compensation and Damages in a Wrongful Death Case
While no amount of compensation could replace your loved one, it could provide you with the money you need to go forward with life, including the following losses.
Tennessee law provides for two different types of damages: (1) economic damages and (2) non-economic damages
Economic damages include things such as medical bills, lost earnings, loss of household services, and other financial losses.
Non-economic damages include damages for pain and suffering before the decedent passed and loss of consortium or loss of human companionship. The items that may be considered include but are not limited to, loss of attention, guidance, care, love, support, and affection.
Talk to Our Experienced Tennessee Wrongful Death Attorneys Today
Have you recently lost someone you love due to another person’s wrongful behavior? If so, The Terry Law Firm is here for you. We’re a small-town firm with big-city know-how, and we’ve been protecting the rights of people like you in East Tennessee since 1960. Let us pursue the justice and accountability you and your loved one deserve.
Contact us today for a free consultation with our Tennessee wrongful death lawyers.
