Losing a loved one is devastating under any circumstance, especially when that loss happens because of another party’s negligence or intentional actions. Tennessee law provides a specific mechanism, the wrongful death claim, to help families seek accountability and closure.
What does the law consider wrongful death?
The state treats wrongful death as a death resulting from “injuries, including those from libel, that result in death” caused by the wrongful act, omission or killing by another party. In simpler terms, this means someone else’s careless or intentional behavior led to a fatal outcome.
Because the injured person is no longer alive to file their own claim, the right to pursue legal action passes to specific surviving family members or a personal representative. This allows the estate to sue for the damages the deceased suffered, as well as the unique losses experienced by the family left behind.
Who has the right to file a wrongful death claim?
Tennessee law limits who may bring a wrongful death lawsuit to the following:
- The surviving spouse of the deceased
- Adult children or next of kin (if no surviving spouse exists)
- Natural parents (if the deceased was in their custody)
- Adoptive parents
- The personal representative of the estate
It is important to note that these rights are not always absolute. For instance, a surviving spouse who willfully abandoned the deceased for at least one year before their passing may be subject to challenge by other potential claimants
What is the allotted time to file the claim?
Tennessee enforces one of the strictest filing deadlines in the country for wrongful death claims. A claimant typically has only one year from the date of the injury that caused the death to file a lawsuit. Should this deadline be missed, the claimant may permanently lose the right to compensation.
A narrow exception exists when the state files criminal charges against the person responsible for the death. In these specific circumstances, Tennessee law may extend the statute of limitations to two years from the date of the injury, provided the prosecutor commenced the criminal prosecution within the first year.
