Nashville Personal Injury Lawyer Explains What's Involved in Seeking Wrongful Death Compensation
Losing a loved one in a preventable accident is an unimaginable tragedy. If someone else’s negligence or intentional acts are to blame, filing a wrongful death lawsuit can hold them accountable. At GriffithLaw, our experienced Tennessee wrongful death attorneys can offer the support and compassion you need to get through this difficult time and help you seek fair compensation for your loss. Let us fight for the justice your beloved family member deserves.
The Legal Basis for a Wrongful Death Lawsuit
If you’re hurt by someone else’s wrongful act, you may be eligible to file a personal injury lawsuit against them. A wrongful death lawsuit works in much the same way, making it possible for family members to file a claim on behalf of the person who died.
Tennessee Annotated Code § 20-5-106 outlines the legal basis for wrongful death action in the state. It accounts for anyone “who dies from injuries received from another.” It also accounts for deaths “caused by the wrongful act, omission, or killing by another.” The plaintiff owed the deceased a certain legal responsibility or duty of care. Their failure in this responsibility caused the victim’s passing.
With criminal charges, prosecutors must establish guilt beyond a reasonable doubt. However, a wrongful death lawsuit is a civil case rather than a criminal one. With a civil claim, the threshold is less stringent. Civil liability can be established by a preponderance of evidence. In other words, if it’s more likely than not that the defendant is responsible for the victim’s death, they are liable.
Examples of Wrongful Death Accident Claims
Wrongful death claims can apply under many different circumstances. Some of the most common causes of wrongful death cases in Tennessee include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Slip and fall accidents
- Premises liability injuries
- Dog bites and animal attacks
- Aviation accidents
Other potential causes of wrongful death claims include things like intentional assault, medical malpractice, or accidents involving defective products.
Tennessee Wrongful Death Case Laws and Rules
Before you can launch a civil action in relation to the death of a family member, it’s important to understand the basic laws governing wrongful death claims in Tennessee.
Who Can File a Wrongful Death Case?
Not everyone can file a claim on behalf of a family member who has passed away. Individuals who can file a wrongful death lawsuit include:
- The surviving spouse if they were legally married at the time of the fatal accident
- Surviving children if there is no surviving spouse
- Surviving siblings or other eligible next of kin
- The personal representative or executor of the deceased’s estate named in the will
- Surviving parents if the deceased was a dependent
These relationships are listed in priority order. The right to sue passes down if the preceding party doesn’t exist or is unable to proceed.
How Are the Proceeds Divided Among Beneficiaries?
Not everyone who wishes to stake a claim in the proceeds of a wrongful death case should file a separate lawsuit. Instead, the courts will divide the proceeds from a single wrongful death claim to eligible beneficiaries following the laws of intestate succession. For example, if the deceased individual was married, proceeds will be divided as follows:
- The surviving spouse gets all of the proceeds if there are no children.
- The surviving spouse and up to two children divide the proceeds equally.
- If there are more than two children, the spouse gets one-third. The children share the remaining two-thirds.
What Is the Statute of Limitations for Filing a Claim?
The wrongful death state of limitations in Tennessee is generally one year from the date of death. This means that you must file a claim within one year of the anniversary of your loved one’s death if you wish to be able to recover damages. The time limit may be longer if the case involves minors, pending criminal charges, medical malpractice, or wrongful concealment.
Possible Damages You May Recover in Settlement
Families typically file a wrongful death and survival action claim at the same time. In Tennessee, compensation for wrongful death may include recovery of damages related to the death of a loved one. Examples of damages that may be included in a wrongful death settlement include:
- Medical bills between the time of the accident and death
- Lost wages before death
- Funeral and burial expenses
- Conscious pain and suffering before death
- The financial value of life, including future earnings and benefits
- Loss of consortium (up to $750,000 if the no children and up to $1 million with a minor child)
- Punitive damages up to the greater of two times compensatory damages or $500,000
Work With Experienced Wrongful Death Attorneys
Filing a successful wrongful death lawsuit is complicated and nuanced. Our Nashville wrongful death attorneys can guide you through this challenging process. The GriffithLaw team will gather evidence, identify liable parties, and advocate for your rights to fair compensation every step of the way, whether it’s possible to reach a fair settlement or if your case goes to trial.
Our firm has a track record of success in wrongful death cases, including securing settlements and verdicts that exceed insurance offers and getting fair judgments for clients. We are here to help you navigate the complex process of seeking the fair compensation you deserve for the wrongful death of your family member.
