What is a “Wrongful Death” Claim in TN?

Grieving the loss of a loved one can be incredibly difficult. But when you lose them due to the negligence of another, it can be even harder to accept. When someone dies as the result of the negligent or reckless actions of someone else, they are no longer around to bring their own personal injury claim.

However, Tennessee law allows for his or her loved ones to bring a special type of personal injury claim, called a wrongful death claim.

A wrongful death claim is a civil claim, which is filed by either the family or the personal representative of the deceased.

This is different from a criminal charge, though Tennessee allows for a wrongful death claim to be filed even if a criminal charge of homicide has already been filed.

Additionally, when someone is found to be liable in a wrongful death suit, monetary damages are at stake. This is different from a criminal case in which the liable party may be punished with probation or imprisonment.

Who Can File a Wrongful Death Claim in Tennessee?

Tennessee allows certain family members or the personal representative of the deceased person’s estate to file a wrongful death claim.

The surviving spouse of the deceased person has the first right to file a wrongful death claim. However, if there is no surviving spouse, that right goes to another party in the following order:

● The surviving children/next of kin

● The personal representative of the deceased individual’s estate

● The surviving parent(s), if the deceased individual was dependent upon him or her at the time of death

● The administrator of the deceased individual’s estate, if he or she was a dependent at the time of his or her death

What are the Possible Damages in a Wrongful Death Case in Tennessee?

In Tennessee the law used to limit the amount of damages that could be recovered in a wrongful death lawsuit to the damages that the deceased person could have recovered had he or she survived. However, the law now includes losses that the surviving family members suffered (or will suffer) as a result of their loved one’s death.

Such damages include:

● Reasonable funeral and burial expenses;

● Loss of enjoyment of life (from the time of injury until the time of death);

● Loss of earning capacity (from the time of injury until the time of death);

● Lost wages (this includes the value of wages and benefits that would likely have been earned had the deceased individual survived);

● Physical and mental suffering, loss of time, and other necessary; expenses; that family members endure as a result of their loved one’s death;

● Loss of the deceased individual’s love, companionship, and society; and

● Mental anguish that the deceased individual actually suffered from prior to his or her death.

If the deceased person’s surviving loved one who has the first right to sue for wrongful death is a minor, any damages that are recovered may be placed in a trust for them until they reach a specific age (commonly 18 or 21 years).

What is Tennessee’s Statute of Limitations for a Wrongful Death Claim?

In order to ensure that evidence is reliable and available, each state limits the amount of time that someone has to bring different types of claims. This is known as the “statute of limitations.” After this period of time has passed, one may no longer bring a claim – even if they would have had a legitimate reason for one. In other words, after the statute of limitations has run, anyone who would have had a claim essentially forfeits his or her right to bring it.

Under Tennessee law, all wrongful death claims must be brought within one year from the date that the deceased individual passed. After this period the surviving family members lose their chance to seek compensation in this manner.

When you are dealing with the untimely loss of a loved one, it can be hard to do anything other than grieve. Unfortunately though, you have a limited amount of time to file a claim for wrongful death.

This is why it is best to consult with a knowledgeable and experienced Tennessee wrongful death attorney.

I can help you to understand your legal options and move forward.

Robert Bates is a local trial lawyer with proven results.

Located near Meadowview in Kingsport, he fights for folks who have been injured due to slip and fall accidents, medical malpractice, car accidents, truck accidents, and motorcycle accidents.

I focus 100% of my practice on personal injury.

I have handled hundreds of car wreck cases over the last decade. I have won cases involving car accidents, truck wrecks, motorcycle wrecks, slip and falls, and medical malpractice throughout East Tennessee including Kingsport, Johnson City, Bristol, Erwin, Elizabethton, Unicoi, Mountain City, Rogersville, Blountville, Morristown, Washburn, Pigeon Forge, Knoxville and everywhere in between.

Robert BatesRobert is a Kingsport trial lawyer who handles car, truck and motorcycle wreck cases across the Tri-Cities. Every client gets his cell number.