When you lose a loved one due to someone else’s negligence or wrongful actions, the legal process that follows can feel overwhelming. If you are considering a wrongful death claim in Tennessee, you likely have questions about your rights and whether you’re eligible to pursue legal action. This guide breaks down the key elements of Tennessee’s wrongful death laws, including who can file a claim, the legal definition of wrongful death, and the critical deadlines you need to know.
Contact us online today to speak with a Knoxville wrongful death attorney.
How Tennessee Law Defines Wrongful Death
Under Tennessee law, a wrongful death claim arises when someone dies due to injuries caused by another person’s actions, negligence, or wrongful conduct. If your loved one would have been entitled to file a personal injury lawsuit had they survived, the right to pursue that claim passes to eligible family members or the personal representative of the deceased person’s estate.
Many situations can give rise to a wrongful death lawsuit, including:
- Car accidents
- Truck accidents
- Motorcycle collisions
- Pedestrian accidents
- Bicycle accidents
- Medical malpractice
- Nursing home abuse or neglect
- Construction site accidents
- Defective or dangerous products
- Slip and fall accidents
- Dog attacks
- Boating and watercraft accidents
- Aviation accidents
- Assault, battery, or other intentional violent acts
Eligible Family Members Under Tennessee’s Wrongful Death Statute
The right to file a Tennessee wrongful death lawsuit first belongs to the deceased’s surviving spouse. If there is no surviving spouse, the following parties may file, in this order:
- Surviving children
- Surviving next of kin
- The personal representative or administrator of the deceased person’s estate
- Surviving parents if the deceased was dependent on them at the time of death
When the personal representative or administrator files the claim, any damages recovered are not retained by the estate. Instead, they are distributed to the deceased’s surviving family members.
The Statute of Limitations for Filing Your Wrongful Death Claim
Time is a critical factor in wrongful death cases. Tennessee law imposes a strict deadline known as a statute of limitations, which requires you to file your lawsuit within one year from the date of your loved one’s death. Missing this deadline typically means losing your right to pursue the claim entirely, regardless of how strong your case might be. Given this narrow window, it is very important to consult with an attorney as soon as possible to protect your family’s legal options.
Speak with a Tennessee Wrongful Death Attorney About Your Case
Between identifying the proper party to file, proving liability, and calculating damages, wrongful death cases require a careful legal strategy. Having a knowledgeable attorney in your corner can make all the difference.
The Lawyers of Brown & Roberto guide grieving families through the wrongful death litigation process with compassion and clarity. We fight for the full range of compensation that your family is entitled to receive—from diminished financial support and medical expenses to the loss of companionship and guidance.
If you lost a loved one, contact us at (865) 390-7237 to speak with a Knoxville personal injury attorney today.