Wrongful Death

Understanding Wrongful Death Claims in Tennessee

A wrongful death claim arises when a person dies due to the negligence, recklessness, or intentional actions of another party. In Tennessee, specific laws govern these claims, outlining who can bring the claim, the time limits for filing, and the types of damages that may be recovered.

Who Can File a Wrongful Death Claim?

Under Tennessee law, the right to file a wrongful death claim follows a specific order:

1. Surviving Spouse: The deceased person’s spouse has the primary right to file the claim.
2. Children: If there is no surviving spouse, the deceased’s children or next of kin may bring the claim.
3. Personal Representative: In the absence of a spouse or children, the personal representative of the deceased’s estate can file the claim.
4. Parents: If the deceased was dependent on their parents at the time of death (such as a minor child), the parents may file the claim.

Statute of Limitations

In Tennessee, wrongful death claims must be filed within one year from the date of the injury that resulted in the deceased person’s death. And although there are other exceptions, failing to file within the required timeframe may result in losing the right to pursue compensation.

Types of Recoverable Damages

Damages in a wrongful death claim aim to compensate for both the economic and non-economic losses suffered due to the death. These may include:

• Medical Expenses: Costs for medical care prior to death.
• Funeral and Burial Costs
• Loss of Earning Capacity: The income the deceased would have provided.
• Loss of Consortium: Compensation for the loss of companionship, love, and affection.
• Pain and Suffering: For the deceased’s pre-death pain and suffering.
• Punitive Damages: In cases involving gross negligence or intentional harm, additional damages may be awarded to punish the wrongdoer.

Comparative Fault Rule

Tennessee follows a modified comparative fault system. If the deceased person was partially at fault for the incident that led to their death, the compensation may be reduced proportionally. However, if they were found to be 50% or more at fault, the family may be barred from recovering any damages.

Steps to Take

1. Consult an Attorney: It’s crucial to speak with a lawyer experienced in wrongful death cases to navigate the legal complexities.
2. Gather Evidence: Collect medical records, accident reports, witness statements, and any other relevant documentation.
3. File the Claim Promptly: Adhere to the statute of limitations to preserve your claim.

Conclusion

Wrongful death claims in Tennessee are designed to provide financial support and a sense of justice to families who have lost a loved one due to another’s actions. Understanding the legal framework and acting promptly can help protect your rights during a challenging time.