Who Can Sue for Wrongful Death in Tennessee?

Losing someone you love because of someone else’s mistake or wrongdoing is incredibly hard. In Tennessee, some family members can take legal action to seek justice for their loss. They could file a wrongful death lawsuit against the party that caused the death. The information here explains who can sue for wrongful death in Tennessee. It also answers common questions, such as who qualifies to file, how long you have to file, and what compensation you may receive.

What Is a Wrongful Death Claim?

A wrongful death claim is a lawsuit that is presented when a person’s death results from another party’s disorderly conduct, negligence, or intentional harm. These claims allow the deceased’s family to seek compensation for losses such as funeral expenses, income reduction, and emotional distress. Understanding who can file a wrongful death lawsuit is critical to protecting your family’s rights.

Who Can Sue for Wrongful Death in Tennessee?

In Tennessee, the law determines who can sue for a wrongful death claim when a loved one passes away due to another person’s actions. Not everyone is permitted to file this type of lawsuit. Usually, only certain family members or representatives of the person’s estate are permitted to do so.

If you are an entitled family member, such as a spouse, child, or parent, you can file a lawsuit on behalf of a loved one who passed away. This allows families to receive financial compensation for lost wages and the emotional impact of losing someone. Tennessee law has clear ordinances about who can file this kind of lawsuit, so you must check with a wrongful death lawyer to confirm you qualify.

Family Members

These are the people eligible to file a wrongful death claim.

• Spouse of the Deceased: If the person who died was married, their husband or wife usually has the first right to file a wrongful death claim. The spouse can request compensation for loss of companionship and lost income.
• Children of the Deceased: If there is no surviving spouse, the children of the deceased are next in line to file. They can seek compensation for the financial support they would have received from their lost parent(s).
• Parents of the Deceased: If the person who has passed was a minor (under the age of 18) or a single adult without children, their parents may be eligible to file a wrongful death lawsuit. They can ask for compensation for the loss of their child.
• Other Family Members: In rare cases, extended family members, such as siblings, can file a wrongful death lawsuit. Typically, they do not have the right to file; however, if they can show that they were financially dependent on the deceased, they could have a case worth pursuing.

Other People Who Can File

Sometimes, the deceased person may have an estate representative. This person manages the deceased’s financial responsibilities and can file a wrongful death claim for the beneficiaries (the individuals who inherit from the estate).

These requirements help certify that only close, affected family members can bring these cases forward and receive appropriate compensation for their loss(es).

How to File a Wrongful Death Lawsuit in Tennessee

If you have lost a loved one due to someone else’s actions and want to file a wrongful death lawsuit, there are several steps you will need to follow. Here is a simple overview of the process:

• Talk to a Lawyer: Consult an attorney who knows Tennessee’s wrongful death laws. A lawyer will explain your rights and what compensation you can receive. They will guide you through each step of the process to make things more straightforward.
• Gather Proof: To build a compelling claim, you will need evidence related to your loved one’s death. This includes medical records, accident reports, and statements from witnesses. Your lawyer will obtain these documents to support your claim.
• File a Complaint: The next step is to file a complaint in a Tennessee court. This legal paperwork explains why you are filing the lawsuit and provides details on the evidence you have against the party responsible for your loved one’s death.
• Negotiate or Go to Court: After filing the complaint, you may negotiate with the other side and agree on a fair settlement. Many wrongful death cases are settled this way and do not go to trial. However, if an agreement isn’t possible, your case may go to court, where a judge or jury will decide the outcome.

Filing a Wrongful Death Claim for a Child

If a child dies due to wrongful actions, Tennessee law grants parents the right to file a claim. They can seek compensation for funeral costs, emotional suffering, and other losses, such as medical expenses.

Common Questions About Wrongful Death Claims in Tennessee

Our clients come to us with questions. The following are answers to questions we hear most often.

How Long Do You Have to File a Wrongful Death Claim?

The statute of limitations determines a deadline for filing a wrongful death claim in Tennessee. You typically have one year from the date of death to file your claim. If you miss this cutoff, you may lose the opportunity to receive compensation through the court system. You’ll also lose your leverage to entice the at-fault party to settle.

What Damages Can You Get in a Wrongful Death Case?

In a wrongful death case, the family may receive compensation for various losses. These can include medical bills, funeral costs, loss of financial support, the deceased’s pain and suffering, and the emotional suffering the family has endured.

Can a Sibling Sue for Wrongful Death?

In Tennessee, siblings usually do not have the right to file a wrongful death claim. Only family members such as a spouse, child(ren), or parent(s) can file. The only exception is if the sibling is the authorized representative of the person’s estate or meets special rules like being financially dependent on the family member who passed.

Taking the Next Steps in a Wrongful Death Case

If you’ve lost a loved one due to someone else’s actions, the experienced Tennessee wrongful death lawyers at Gatti, Keltner, Bienvenu & Montesi, PLC support you. Since 1970, our personal injury lawyers have assisted thousands of clients to receive the compensation they deserve. We understand how tough this process can feel and are committed to fighting for every dollar you deserve. Call (901) 526-2126 or contact us online to schedule a free consultation. You can discuss your case with one of our attorneys and learn how we can help you. Don’t wait; reach out to our law firm today.

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