Tennessee Wrongful Death Statutes

Losing a family member is always hard, but it can be challenging to find acceptance if their death could have been prevented if someone else had been more careful. Not only have you likely lost emotional support and care, but you may also wonder how to pay for your living expenses without your family member’s income. Your family is probably dealing with funeral expenses and hospital bills, too.

Rather than worry alone, you can get help from a Tennessee wrongful death attorney.

Tennessee’s wrongful death statutes allow surviving family members to seek restitution for the deceased’s funeral costs and other related losses. The survivors of wrongful death victims are also entitled to recover damages sustained by the victim prior to death, including pain and suffering, loss of enjoyment of life, medical bills, and lost earnings.  Survivors are entitled to recover loss of consortium damages, which include such things as the loss of love, care, affection, attention, education, and companionship.

The wrongful death lawyers at The Terry Law Firm have more than half a century of experience handling these types of cases. We have recovered millions in compensation for our clients. Contact us to learn more about Tennessee’s wrongful death statutes and how our lawyers can help you and your family.

How Is ‘Wrongful Death’ Defined in Tennessee?

Tennessee’s definition of wrongful death is found in Section 20-5-106 of the Tennessee Annotated Code. This law defines wrongful death as any death caused by injuries inflicted by another party or caused by the wrongful act or omission of another party.

In essence, wrongful death is caused by someone else’s intentional actions or negligence, meaning another party had a legal responsibility toward the deceased and failed in that obligation somehow.

Some of the most common causes of wrongful deaths in Tennessee include:

• Motor vehicle accidents (car accidents, motorcycle accidents, truck accidents, bicycle accidents, etc.)
• Medical malpractice
• Defective products
• Intentional assaults/murder
• Premises liability injuries

Who Can File a Tennessee Wrongful Death Lawsuit?

Under Tennessee’s wrongful death statutes, only certain members of the deceased’s family can file a wrongful death claim. The law also outlines which family members have priority when it comes to filing a claim.

In order, the family members who can file a wrongful death lawsuit in Tennessee are:

• A surviving spouse
• Any surviving children, if there’s no surviving spouse
• Any surviving next-of-kin, if there’s no surviving spouse or children
• The personal representative or administrator of the deceased’s estate
• The deceased’s surviving parents, if the deceased was financially dependent on their parents at the time of death

What Is the Statute of Limitations for Filing a Wrongful Death Claim?

A wrongful death claim is a type of personal injury claim, meaning that claims must be filed by the deadline set in the state’s statute of limitations. Under Tennessee law, you must file a wrongful death claim within one year of the deceased’s death. If you do not file in time, you will be unable to recover any compensation for the loss you’ve suffered. That’s why it’s critical to contact a wrongful death lawyer as soon as possible.

What Types of Damages Are Available in a Tennessee Wrongful Death Case?

Two types of civil claims can be brought after someone’s wrongful death. The first type of claim is a standard wrongful death claim. These claims are brought by the deceased’s surviving family members or the personal representative of the deceased’s estate. The goal is to compensate family members for the financial and emotional support they’ve lost.

Any money recovered in a wrongful death claim goes to surviving family members directly, which can include compensation for:

• Funeral and burial expenses
• Any outstanding medical bills that remain after the death
• The deceased’s lost wages, as well as the income and other financial benefits they would have accrued, had they lived
• The emotional support and care that surviving family members lost due to the deceased’s wrongful death

The other legal action that can be brought after a wrongful death is called a survivor’s action or survival claim. A survivor’s action acts similarly to the personal injury case that the deceased could have filed had they not died from their injuries. A representative of the deceased’s estate must bring these claims. The goal is to recover compensation for the deceased’s losses after they were injured but before they died.

Any compensation awarded in a survival claim is paid to the deceased’s estate and can include compensation for:

• The deceased’s medical bills
• The deceased’s pain and suffering before their death
• The deceased’s lost wages and other financial benefits

Our Tennessee wrongful death attorneys can explain what compensation you or your family member’s estate might be able to recover through a wrongful death claim.

How Do I File a Wrongful Death Lawsuit in Tennessee?

In most cases, a wrongful death claim starts as an insurance claim with the liable party’s insurance company. To recover any compensation, the claim must incorporate evidence that the deceased’s death was caused by negligence on the part of whomever you’ve made the claim against.

Police accident reports, medical records, photos from the accident scene, and other evidence can all be used to build your case. Other evidence, such as medical bills, pay stubs, and accounts from surviving family members, can help substantiate the loss you’ve suffered due to the deceased’s wrongful death. To ensure you get the compensation you may be eligible for, you’ll want help from a Tennessee wrongful death lawyer.

Once you and your lawyer have gathered the necessary evidence and submitted your claim, negotiations with the liable party’s insurance company will begin to attempt to reach a fair settlement.

At this point, your claim will end in one of two ways. Ideally, the liable party’s insurer will agree to a fair settlement, in which case they’ll cut you a check, ending the case. If they refuse to pay a fair settlement, you can take your case to trial to demand the compensation you and your family need. At The Terry Law Firm, we’re never afraid to go to court when it’s in our client’s best interests.

Contact the Wrongful Death Attorneys at The Terry Law Firm

If you lost a family member due to wrongful death, The Terry Law Firm wants to help you rebuild your life. Learn more about how we can help by contacting any of our three Tennessee locations for a free initial consultation.