Tennessee Code Section 20-5-106 defines “wrongful death” as a death caused by: 

• “Injuries received from another” or 
• “by the wrongful act, omission, or killing by another” 

To put in another way, a wrongful death claim may be brought on behalf of a deceased person if that person would have been allowed to file a personal injury claim had he or she survived. This claim could be associated with a car accident, trucking accident, motorcycle accident, workplace injury, medical malpractice or defective product.

Who Can File A Wrongful Death Claim In Tennessee?

In Tennessee, wrongful death claims may be brought by certain family members of the deceased person. These individuals may include, but are not limited to the following: 

• Deceased’s personal representative 
• Deceased’s surviving spouse
• Deceased’s children or next of kin
• Deceased’s parents

Once a wrongful death claim has been filed by one party, other parties can request to be included.

How Long Do I Have To File A Wrongful Death Claim In Tennessee?

It is important to act promptly if you or a loved one wants to bring a wrongful death claim. Thus, we strongly recommend that you initiate the claim process as soon as possible after your loved one’s death to preserve the claim.

In Tennessee, the wrongful death claim must be filed within one (1) year from the date of death. However, in some circumstances, there are exceptions that can extend the statute or allow for it to be toiled.

Types Of Recoverable Damages In Wrongful Death Claims

The damages that may be available in a wrongful death claim will depend on the specific losses suffered by you and your loved ones. These damages can include:

• Loss of financial support
• Funeral and burial expenses 
• Survivor’s mental anguish 
• Loss of companionship
• Pain and suffering
• Medical bills

If you or a loved one has lost someone due to negligence of a car accident, trucking accident, motorcycle accident, workplace injury, medical malpractice or defective product, you should speak with an experienced wrongful death attorney for maximum recovery.  Call us today at (901) 300-4994 or complete our Contact Form to schedule a free consultation. We are here to help