Losing a loved one unexpectedly is a life-altering tragedy, and no amount of compensation can truly replace what has been lost. However, a wrongful death settlement may help ease the financial and emotional burdens families face after such a loss. In Tennessee, these settlements are designed to address both measurable financial impacts and the more intangible emotional losses caused by the untimely passing of a loved one.
This guide explores the types of damages that may be included in a wrongful death settlement, the limits placed on certain compensation types, and factors that influence the overall amount families might recover. Understanding these elements can help you determine what your family may be entitled to in such a difficult time.
The Short Answer
- Wrongful death settlements in Tennessee could include both economic damages, such as medical bills and lost wages, and non-economic damages, like pain and suffering or loss of companionship.
- Non-economic damages are capped at $750,000, with exceptions increasing the cap to $1 million for cases involving minor children.
- Punitive damages are capped at $500,000 or 2 times the amount of compensatory damages, whichever is greater.
- Families may recover for the deceased’s lost benefits, such as retirement contributions or health insurance, as well as their inheritance.
Economic Damages
Economic damages are tangible, quantifiable losses related to the death of a loved one. Families may be able to recover compensation for the following:
Medical Bills
Families may be entitled to recover the medical expenses incurred for treatment related to the injury or illness that caused the death. This can include costs for hospital stays, surgeries, medication, and other treatments received prior to the individual’s passing.
Funeral and Burial/Cremation Costs
A wrongful death settlement may help cover the cost of funeral services and burial or cremation arrangements. These costs often include expenses such as a casket, urn, memorial service, headstone, or transportation fees.
Lost Wages
This includes the income the deceased would have earned had they lived, supporting their family’s financial stability. Estimates for lost wages often account for promotions, raises, and the deceased’s earning potential over their expected lifetime.
Loss of Benefits
The loss of benefits, such as health insurance or retirement contributions, may be considered in the settlement. This may also include pensions, stock options, or other employment-related benefits that the deceased provided for their family.
Loss of Inheritance
If the death impacts the family’s future financial security, families may recover compensation for the loss of inheritance caused by the premature passing of their loved one. This can involve assessing the deceased’s savings, investments, and other assets that would have been passed down to their heirs.
Non-Economic Damages
Non-economic damages address the intangible losses resulting from a loved one’s death. These damages often hold significant emotional weight for surviving family members. While these losses cannot be measured in dollars, they recognize the profound emotional and psychological effects on the surviving family.
Pain and Suffering Experienced by the Deceased & Decedents
Compensation may account for the physical pain and emotional suffering endured by the deceased before their death, as well as the grief experienced by surviving family members. This may include the distress caused by prolonged suffering, medical procedures, or the traumatic nature of the death, alongside the anguish felt by loved ones.
Loss of Companionship
This accounts for the emotional impact of losing the love, affection, and companionship of a spouse or parent. For example, spouses may face the loss of emotional intimacy, while children may lose the unique bond of parental love and care.
Loss of Guidance
Families may recover damages for the absence of advice, mentorship, and emotional support the deceased provided, especially to children or dependents.
Caps on Non-Economic Damages
Non-economic damages address losses that are harder to measure, such as pain and suffering, loss of companionship, and loss of guidance. In Tennessee, these damages are subject to caps, with the standard limit set at $750,000. Exceptions exist for specific cases. The cap increases to $1,000,000 in situations involving catastrophic injuries or the wrongful death of a parent with minor children.
These limits reflect the maximum compensation a family may recover for non-economic losses, but additional economic damages or punitive damages may still apply depending on the case. Consulting a Chattanooga wrongful death attorney may help you understand how these caps apply to your specific situation.
Factors Affecting the Amount of Damages Awarded
The amount of compensation in a wrongful death settlement depends on various factors, including:
- The deceased’s age, earning capacity, and health prior to death.
- The relationship between the deceased and their surviving family members.
- The specific circumstances of the death, including whether gross negligence was involved.
A knowledgeable attorney can help ensure your potential settlement reflects the full extent of your losses. Contact our Cleveland, TN, or Chattanooga wrongful death attorneys to discuss your case and learn what damages you may recover.
FAQs
While settlements vary based on the details of each case, compensation typically reflects both economic losses (like medical bills) and non-economic damages (like pain and suffering).
The statute of limitations, or legal deadline, to file a wrongful death lawsuit in Tennessee is 1 year from the date of death.
Under Tennessee law, settlements are distributed first to the surviving spouse, followed by children or next of kin. Specific rules govern these distributions to ensure fairness.
In Tennessee, punitive damages may be available in wrongful death cases where the actions of the defendant involved gross negligence or intentional misconduct. These damages are meant to punish the wrongdoer and deter similar behavior in the future. The state generally caps punitive damages at the greater of 2 times the amount of compensatory damages or $500,000.
In Tennessee, the right to file a wrongful death claim is designated to specific family members in a particular order:
- Surviving Spouse: The deceased’s spouse has the primary right to file the claim.
- Children: If there is no surviving spouse, the deceased’s children are next in line to file.
- Next of Kin: In the absence of a spouse and children, the next of kin may file the claim.
- Personal Representative: If none of the above are available, the personal representative of the deceased’s estate can file the claim.
It’s important to note that the eligibility to file a wrongful death claim can vary based on the unique circumstances of each case. Consulting with a qualified attorney is advisable to understand your specific rights and ensure the claim is filed correctly.
