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Who Can File a Wrongful Death Lawsuit in Tennessee?

The loss of a loved one is one of life’s most difficult challenges, and the grief is only compounded when the death was caused by someone else’s negligence or misconduct. In Tennessee, the law provides a path for family members to seek justice and compensation through a wrongful death lawsuit. However, not everyone impacted by the loss is legally allowed to file a claim. Understanding who has the right to initiate a wrongful death lawsuit is crucial for ensuring justice is served and financial security is preserved for those left behind.

What Constitutes Wrongful Death in Tennessee?

Wrongful death is legally defined in Tennessee as a death caused by another person or entity's wrongful act, fault, or omission. This includes scenarios where the deceased would have had grounds to file a personal injury lawsuit had they survived. Common causes of wrongful death include:

  • Car accidents caused by reckless or impaired drivers
  • Medical malpractice, such as surgical errors or delayed diagnoses
  • Workplace accidents, particularly in hazardous industries like construction
  • Defective products, such as malfunctioning medical devices or unsafe consumer goods
  • Criminal acts, including assaults or other intentional harm

While no amount of compensation can replace a loved one, a wrongful death lawsuit allows surviving family members to hold the responsible party accountable and seek financial relief for the losses they’ve endured.

Who Has the Legal Right to File a Wrongful Death Claim?

In Tennessee, the right to file a wrongful death lawsuit is granted to specific individuals, typically in a prioritized order. This ensures that the closest family members have the first opportunity to seek justice. The individuals eligible to file include:

  • The Surviving Spouse: The spouse of the deceased has the primary right to initiate a wrongful death claim. As the closest family member, the spouse often suffers both emotional and financial hardships, making them the logical first choice to file.
  • The Children: If there is no surviving spouse, the deceased person’s children may file the lawsuit. This includes both biological and legally adopted children.
  • The Parents: If the deceased was unmarried and had no children, their parents may pursue a wrongful death claim, particularly if the victim was a minor at the time of death.
  • The Executor or Administrator of the Estate: If none of the aforementioned family members are available or willing to file the claim, the personal representative of the deceased person’s estate may do so. This is often done on behalf of the estate and any beneficiaries.

In cases where multiple eligible parties exist, such as a surviving spouse and children, it’s important to coordinate efforts to ensure a unified approach to seeking compensation. An experienced attorney can help facilitate this process to avoid disputes among family members.

What Types of Compensation Are Available?

A wrongful death claim seeks to address both the tangible and intangible losses suffered by the family and the deceased person’s estate. In Tennessee, the types of compensation that may be awarded include:

  • Medical Expenses: Reimbursement for medical bills incurred prior to the loved one’s passing, including hospital stays, surgeries, and emergency treatments.
  • Funeral and Burial Costs: Compensation to cover the financial burden of laying a loved one to rest.
  • Lost Income: Recovery of wages and benefits the deceased would have provided to their family had they lived.
  • Loss of Consortium: Compensation for the emotional and relational losses experienced by a spouse, such as companionship and support.
  • Loss of Parental Guidance: For children of the deceased, compensation may be awarded for the loss of guidance, nurturing, and support.
  • Pain and Suffering: Damages for the physical pain and emotional suffering the deceased endured prior to their death.

In some cases, punitive damages may be awarded as well. These are not meant to compensate the family but rather to punish the responsible party for particularly reckless or malicious behavior and to deter similar conduct in the future.

The Importance of Acting Quickly

In Tennessee, wrongful death claims are subject to a statute of limitations. Generally, this means that a lawsuit must be filed within one year of the deceased person’s passing. While this may seem like a lengthy period, building a strong case requires substantial preparation, including gathering evidence, interviewing witnesses, and consulting with experts. Waiting too long can jeopardize your ability to seek justice, as crucial evidence may be lost, and legal deadlines may pass.

It’s essential to consult with a knowledgeable wrongful death attorney as soon as possible. Doing so ensures that all legal deadlines are met and that your case is given the attention it deserves.

How Glenn Injury Law Can Assist

The legal process surrounding wrongful death claims can be overwhelming for grieving families. At Glenn Injury Law, we are committed to providing compassionate and skilled representation to families in Brentwood and throughout Tennessee. Our attorneys have extensive experience handling wrongful death cases and are dedicated to securing justice for our clients.

We understand that every case is unique, and we take the time to listen to your story and provide personalized legal strategies. Whether through negotiation or litigation, we strive to achieve the best possible outcome for you and your family. Our team will handle the legal complexities so that you can focus on honoring your loved one’s memory and finding a path toward healing.

Call Glenn Injury Law Today for More Information

If you have lost a loved one due to someone else’s negligence, you don’t have to face this difficult time alone. At Glenn Injury Law, our wrongful death attorneys are here to provide the guidance and support you need to pursue justice and hold those responsible accountable. Contact us today to schedule a consultation. We’re ready to answer your questions, explain your legal options, and help you seek the compensation your family deserves. Reach out to us now to get started. Together, we can work toward achieving justice and helping your family move forward.


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