Losing a loved one is one of the most painful experiences a family can endure. The grief becomes even more overwhelming when the death was preventable and caused by someone else’s careless or reckless actions. In these situations, the law provides families with the option of filing a wrongful death claim. While no amount of money can make up for the loss of a loved one, a wrongful death lawsuit can provide financial stability and hold the responsible party accountable.
In Tennessee, wrongful death is defined by state law as a death caused by the wrongful act, omission, or negligence of another person or entity. In other words, if the deceased could have filed a personal injury claim had they survived, their family may have the right to pursue a wrongful death claim on their behalf. These claims are civil lawsuits and are separate from any criminal charges that may be filed against the wrongdoer.
Understanding what counts as wrongful death in Tennessee is an important first step for families considering legal action. It can help you determine whether you have a valid case and what kinds of compensation might be available to support you during this difficult time.
Wrongful death cases arise in many different circumstances. Although every case is unique, certain types of accidents and negligent acts commonly form the basis of these claims in Tennessee. Recognizing these scenarios can help families understand whether their loved one’s death may qualify as wrongful under state law.
These are just a few examples. What truly matters is whether the death resulted from negligence, recklessness, or intentional misconduct. If so, the surviving family may have a valid claim under Tennessee law.
Not every family member has the legal right to file a wrongful death claim. Tennessee law sets a clear order of priority for who may bring the case to court. The right typically begins with the surviving spouse. If there is no spouse, the right passes to the children. If there are no children, the parents of the deceased may file. In some situations, the executor or personal representative of the estate may bring the claim instead.
This hierarchy is important because it prevents multiple family members from filing separate claims, which could complicate or even weaken the case. Families considering legal action should confirm who has standing under Tennessee law before moving forward. An experienced wrongful death attorney can review the circumstances and make sure the correct party is identified as the plaintiff.
It is also important to note that these claims must be filed within a specific time limit known as the statute of limitations. In Tennessee, the general rule is that a wrongful death claim must be filed within one year of the date of death. Missing this deadline usually means the case cannot be pursued, no matter how strong the evidence may be.
A wrongful death claim is designed to compensate surviving family members for the financial and emotional consequences of their loss. In Tennessee, damages in wrongful death cases are divided into two broad categories: damages recoverable by the estate and damages recoverable by the surviving family.
The estate may recover damages that the deceased could have claimed if they had lived. These include medical expenses related to the final injury or illness, lost wages between the time of injury and death, and funeral and burial costs. The purpose of these damages is to reimburse expenses directly tied to the fatal incident.
The surviving family members may also be entitled to compensation for their own losses. This includes the loss of financial support the deceased would have provided, as well as the loss of companionship, guidance, and love. Tennessee law recognizes that the death of a family member is not only a financial blow but also a profound emotional loss that deserves to be acknowledged through damages.
In some cases, punitive damages may also be awarded. These are intended to punish the wrongdoer when their conduct was especially reckless or intentional. While not available in every case, punitive damages can significantly increase the value of a wrongful death settlement or verdict.
Wrongful death claims are often complex, especially when insurance companies or large corporations are involved. Defendants will almost always try to minimize their liability, either by disputing fault or by arguing that damages should be reduced. For grieving families, dealing with these disputes can be overwhelming and emotionally draining.
An experienced attorney can take on the burden of gathering evidence, interviewing witnesses, consulting with experts, and negotiating with insurance companies. By presenting a strong case, your lawyer can maximize the chances of securing fair compensation. Just as importantly, having skilled legal representation allows families to focus on healing rather than being consumed by the demands of litigation.
At Glenn Injury Law, we understand the unique challenges that come with wrongful death cases. We approach every case with compassion and determination, knowing that our clients are counting on us to secure justice for their loved ones.
If you have lost a loved one and believe negligence played a role, contact us today to schedule a consultation. We will review your situation, explain your options, and fight to protect your rights during this difficult time.
