Wrongful Death Laws in Tennessee
When a loved one dies because of someone else’s careless or wrongful actions, the emotional toll can be overwhelming. Along with grief, many families also face unexpected medical bills, funeral costs, and the loss of financial support. Tennessee’s wrongful death laws provide a way for families to seek justice and compensation after a preventable loss.
Who Can File a Wrongful Death Claim in Tennessee?
In Tennessee, the right to file a wrongful death claim typically begins with the surviving spouse. If there is no spouse, the right passes to:
- Children or next of kin
- Parents (if the deceased was a dependent)
- The personal representative of the estate
Even though only one person or party can file the lawsuit, any damages recovered are meant to benefit all eligible family members.
What Is Considered a Wrongful Death?
A wrongful death happens when someone is killed due to another party’s negligence, recklessness, or intentional act. Common causes include:
- Car, truck, or motorcycle accidents
- Medical malpractice
- Defective or dangerous products
- Workplace accidents
- Criminal actions (like assault or DUI)
If the deceased could have filed a personal injury lawsuit had they lived, a wrongful death claim may be appropriate.
What Compensation Can Be Recovered?
Tennessee allows family members to pursue compensation for a variety of losses, such as:
- Funeral and burial expenses
- Medical costs related to the fatal injury
- Lost future income and benefits
- Loss of love, companionship, and care
- Pain and suffering of the deceased
- Mental anguish of surviving loved ones
Punitive damages may also be awarded in cases of gross negligence or intentional harm.
Time Limits for Filing
Tennessee law requires wrongful death claims to be filed within one year from the date of the individual’s death. This is one of the shortest wrongful death statutes of limitations in the country.
Because of this short window, it’s important to speak with a wrongful death attorney as soon as possible to avoid losing your right to compensation.
Wrongful Death From Car Accidents in Tennessee
Fatal motor vehicle crashes are one of the most common causes of wrongful death in Tennessee. Whether your loved one was a driver, passenger, or pedestrian, you may have a valid claim if another party’s actions contributed to the crash.
Tennessee uses a modified comparative fault system. As long as your loved one was less than 50% at fault, your family may recover damages. However, the amount will be reduced based on the share of fault.
Workplace Fatalities and Legal Options
When someone dies in a work-related accident, workers’ compensation death benefits may be available to cover funeral expenses and a portion of lost wages. However, if a third party—not the employer—contributed to the accident, your family may also have the right to file a wrongful death lawsuit for additional compensation.
Frequently Asked Questions About Wrongful Death in Tennessee
Can more than one person file a wrongful death lawsuit?
Only one party can file the lawsuit, but the compensation awarded is for the benefit of all eligible family members. The right to file is determined by a specific order of priority under Tennessee law.
What if the responsible person wasn’t charged with a crime?
A wrongful death claim can still be filed even if the person wasn’t charged or convicted. Civil cases have a lower burden of proof than criminal cases.
What if the deceased didn’t die immediately?
If the victim survived for a time after the incident, the estate may also bring a survival action to recover damages for their pain and suffering prior to death.
Are wrongful death settlements taxable?
In most cases, compensation from a wrongful death settlement is not subject to federal income tax, though some exceptions may apply. It’s best to speak with a tax advisor.
Talk to a Tennessee Wrongful Death Attorney
If someone else’s negligence or wrongdoing led to the death of your loved one, a wrongful death lawyer in Tennessee can help you explore your legal options. You may be entitled to financial compensation that can help you and your family move forward. Contact a local attorney today for a free consultation.