Losing a loved one due to someone else’s actions is devastating. In Tennessee, certain family members can file a wrongful death lawsuit to seek compensation for medical costs, funeral expenses, and loss of financial support.
Order of priority for filing
Tennessee law sets a specific order for who can file a wrongful death claim. The right first belongs to the surviving spouse. If there is no spouse, the deceased’s children or next of kin can file the claim. If no immediate family is available, the personal representative of the deceased’s estate may take legal action. In cases where the deceased was a minor, the parents hold the right to file the lawsuit.
Role of the personal representative
If no family members step forward, the personal representative of the deceased’s estate can initiate the claim. Any compensation won in the lawsuit benefits the deceased’s heirs, even if the estate representative files the claim. This ensures that eligible family members receive financial support.
Time limits for filing a claim
Tennessee law generally allows one year from the date of death to file a wrongful death lawsuit. Missing this deadline can result in losing the right to pursue compensation. Some exceptions may extend or shorten the time limit, depending on the circumstances surrounding the case.
What damages can be recovered?
A wrongful death claim can seek compensation for medical expenses, funeral costs, lost wages, and loss of companionship. In some cases, punitive damages may apply if the responsible party acted recklessly or intentionally.
Understanding who can file a wrongful death claim is essential for protecting your family’s rights. Tennessee law provides a structured process to ensure the deceased’s loved ones receive the compensation they deserve.
