Tennessee Wrongful Death Claims: Who Can File and What Can Be Recovered

Losing a loved one to someone else's negligence is devastating. Tennessee's wrongful death law gives surviving family members a way to seek justice and financial security, but it follows specific rules about who may file and what may be recovered.

Who Can Bring the Claim

Tennessee's wrongful death statute, Tenn. Code Ann. § 20-5-106 and related sections, sets out an order of priority. The surviving spouse generally has the first right to bring the action, followed by the children or next of kin if there is no spouse. The personal representative of the estate may also pursue the claim on behalf of the beneficiaries.

Tennessee's wrongful death claim is unusual in that it preserves the deceased person's own right of action — the claim that the decedent could have brought had they survived — and passes it to the survivors.

What Can Be Recovered

Damages can include the medical expenses and conscious pain and suffering the decedent endured before death, funeral and burial expenses, the pecuniary value of the life lost, and the loss of love, companionship, and guidance the survivors suffer. The pecuniary value considers factors like the decedent's earning capacity, age, and health.

Deadlines and Procedure

Wrongful death claims are generally subject to a one-year limitations period, though specific circumstances can affect the timing. Because the law dictates who controls the claim and how proceeds are distributed, disputes among family members can arise, making experienced legal guidance important.

Compassionate, Careful Representation

No amount of money replaces a loved one, but a wrongful death claim can provide accountability and financial stability for those left behind. A confidential case review can explain your family's rights with the care this situation deserves.

This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Tennessee attorney.