Who Can File a Wrongful Death Claim in Tennessee?

Wrongful death occurs when an individual dies as a result of the negligence of another person or business. After the death, a close family member or representative of the estate of the decedent may seek out legal action against the responsible party. This process is complex and requires a careful understanding of the state’s laws. There are several stipulations that must be met to file wrongful death in Tennessee, and a Nashville wrongful death lawyer from Selvidge Injury Law can be of assistance.

Parties Allowed to File a Wrongful Death Claim in Tennessee

Under Section 25-5-107 of Tennessee code, several people may be able to file a wrongful death claim, though it is important to note that only one can do so. The following are the most common people legally allowed to take action:

• The spouse of the person who died
• If there is no surviving spouse, then the children of the person that died
• If there are no children, the next of kin may take legal action
• The deceased person’s parents, in some cases, may file a claim
• A representative of the estate may take action

In situations where the person who caused the death is one of these parties, the law does not in any way allow that person to file a wrongful death claim. They cannot benefit from the death of the individual.

Bringing Wrongful Death Claims or Survival Claims

Under Tennessee laws, there are two types of claims that could be sought. One is a wrongful death claim, which is meant for family members to seek compensation for the lost financial support they experience, as well as loss of companionship and other losses related to their experience.

The second form is a survival claim. These are claims that the estate of the person who died can seek for the losses that person suffered during their lifetime. This includes seeking pain and suffering compensation for the losses suffered prior to death. The goal of a survival claim is to provide the estate with a way to recover damages that the person who died would have recovered should they have survived the accident and filed a wrongful death claim.

Seeking Wrongful Death Claims in Tennessee

Filing a wrongful death claim in Tennessee requires careful attention to the specific situation. However, the plaintiff has the right to seek monetary compensation for any and all losses a person suffers, which may include:

• Loss of financial support if they were financially dependent on the individual
• Medical bills suffered prior to the death
• Funeral and burial costs
• Loss of companionship
• The survivor’s mental anguish and loss

In these situations, it is critical to recognize that you must provide proof of the losses you have. This can be challenging in some situations, but both the losses suffered by the person who died as well as the losses suffered by the family members must be taken into consideration in these situations.

Those who are a close family member or a representative of the person’s estate may wish to speak to an attorney about the benefit of filing a wrongful death claim. Contact a Nashville personal injury attorney from Selvidge Injury Law for guidance at a free consultation.