Posted in Wrongful death on May 31, 2021

Losing somebody that you care about is devastating. If your loved one lost their life due to the careless, negligent, or intentional actions of someone else, this makes the situation even more complicated. In Tennessee, the family members or the estate of the deceased in these cases may be allowed to file a wrongful death lawsuit against the at-fault party. These cases are filed in an effort to recover closure and compensation on behalf of the family members of the deceased. However, it is important for any person in these situations to understand that they have a limited amount of time to file a wrongful death lawsuit. Here, we want to discuss the Tennessee wrongful death lawsuit statute of limitations.

The Statutory Timeframe to File a Wrongful Death Lawsuit in Tennessee

When we turn to Tennessee Code Annotated section 20-5-106, we can see that the law specifically defines how long family members or the personal representative of the deceased have to file wrongful death lawsuits. In Tennessee, the wrongful death statute of limitations is one year from the date of the deceased person’s death. This is a relatively short timeframe compared to most other states throughout the country. If family members or the representatives of the deceased person’s estate fail to file their lawsuit within this one-year window, they will typically lose the ability to recover any compensation for their loss.

There are several factors that can affect the one-year time limit discussed here. It is crucial to work with a skilled Tennessee wrongful death attorney who can help with every aspect of your case. An attorney will understand all of the deadlines in place in these situations and be able to walk you through this process.

Who can File a Tennessee Wrongful Death Lawsuit?

Tennessee law is specific about who is allowed to file wrongful death claims in this state. First, the initial right to file a wrongful death lawsuit falls to the surviving spouse of the deceased. If there is no surviving spouse, the right to file these claims will fall to the following parties in descending order:

• The surviving children or next of kin of the deceased
• The personal representative of the deceased’s estate
• The surviving parents of the deceased (if the deceased was dependent on their parents at the time of death)
• The administrator of the deceased’s estate (if the deceased person was a dependent at the time of death)

The law in Tennessee allows for wrongful death claims to be filed in civil court even if criminal charges have already been filed or will be filed in connection with the death. Wrongful death cases are separate from criminal cases in these situations.

Do You Need an Attorney for Your Case?

It is absolutely crucial for family members or personal representatives of the deceased person’s estate to work with a skilled Tennessee wrongful death attorney as soon as possible. As soon as family members discover that their loved one likely lost their life due to the careless or negligent actions of someone else, an attorney needs to get involved so that they can conduct an investigation and make sure that the case is filed on time. Family members may be entitled to various types of compensation for the loss of their loved one, and these cases can help bring closure to a difficult situation.

Who Can File A Wrongful Death Suit?

Losing somebody that you love can be an incredibly difficult process to go through. This is particularly true if the loss of life occurred due to the careless, negligent, or intentional actions of another party. In Tennessee, there are various parties of the decedent who are allowed to file wrongful death lawsuits. Here, we want to examine more closely exactly who is allowed to file a wrongful death lawsuit in Tennessee as well as some other important factors related to these claims that you need to be aware of.

Which Parties can File Tennessee Wrongful Death Claims?

When we turn to Tennessee Code Annotated section 20-5-106, we can see that the law allows certain family members or a personal representative of the deceased person’s estate to file a wrongful death lawsuit.

In general, the right to file a wrongful death claim falls to the surviving spouse of the deceased. However, if there is no surviving spouse, the right to file a wrongful death lawsuit will fall to the following parties in this order:

• The surviving children of the deceased
• The personal representative of the deceased person’s estate
• The surviving parent(s), if the deceased person was dependent on their parent(s) at the time of death
• The administrator of the deceased person’s estate, if the deceased was a dependent at the time of their death

Outside of this list, no other family members or friends of the deceased will be able to file a wrongful death lawsuit (unless they are specifically the personal representative of the deceased’s estate). A skilled wrongful death attorney in Tennessee will be able to fully examine the situation and help family members determine who is allowed to file these claims in civil court.

What Type of Compensation is Available for These Claims?

There may be various types of compensation available to family members and the estate of the deceased and these situations. Surviving family members are allowed to recover a range of types of compensation, including the damages the deceased person would have recovered had they survived the injury as well as damages particularly related to the harm done to family members caused by the untimely death.

Some of the types of compensation recoverable in a Tennessee wrongful death case include the following:

• Reasonable funeral and burial expenses
• Lost earning capacity from the time between the injury and the time of death
• Loss of enjoyment of life from the time between the injury and the time of death
• Mental anguish the deceased person suffered as a result of their fatal injury or illness
• Lost wages and benefits the deceased would likely have earned had they lived
• The emotional distress of the family members of the deceased
• The loss of the deceased’s love, society, companionship, and care

How Quickly do Tennessee Wrongful Death Claims Have to be Filed?

It is crucial for family members and personal representatives of the deceased person’s estate to know that they have a limited amount of time to file these claims. The Tennessee wrongful death statute of limitations is one year from the date of the deceased person’s death. If a case is not filed within this one-year time frame, then it will not be heard by the court, and the surviving family members will lose their ability to recover the compensation they are entitled to.