The Short Answer:
When a loved one passes away due to someone else’s negligence or misconduct, such as in a car accident, medical malpractice incident, or unsafe workplace, Tennessee law allows specific individuals to pursue a wrongful death claim. These claims are civil lawsuits that seek compensation for the loss of the deceased person’s life, as well as the financial and emotional impact on surviving family members.
Tennessee follows a strict legal order to determine who has the right to sue. Typically, the surviving spouse has the first opportunity to file. If there is no spouse, the right may pass to the deceased person’s children, parents, next of kin, or an authorized representative of the estate.
Only 1 wrongful death lawsuit can be filed for a person’s death. If more than 1 person tries to file, the court will decide who has priority and consolidate the case. This process can become complex if there’s a dispute within the family or multiple parties feel entitled to bring the claim.
Key Takeaways:
- Only certain people can file a wrongful death claim in Tennessee. State law limits this right to specific family members or legal representatives.
- The surviving spouse is first in line. If the deceased was married at the time of death, the spouse usually has the legal authority to bring the lawsuit.
- If there’s no surviving spouse, other family members may qualify. Children, parents, or next of kin may have the right to file, depending on the situation.
- Personal representatives of the estate may also be eligible. An executor or administrator can file on behalf of the family if they are officially appointed to do so.
- Receiving compensation is different from filing the claim. The person who files may not be the same person who ultimately receives the damages. Distribution of any settlement or award follows Tennessee’s intestate succession laws.
Table of Contents
Who Has the Right to File a Wrongful Death Claim in Tennessee?
Tennessee law clearly outlines who can file a wrongful death lawsuit and the order in which eligible parties are allowed to do so. Only 1 wrongful death claim can be filed for a person’s death. If more than 1 person tries to bring a claim, the court will consolidate them and determine who has the legal right to proceed.
Below is the order of priority for who may file:
1. Surviving Spouse
The surviving spouse is first in line to file a wrongful death claim. This includes legal husbands and wives, but not ex-spouses or unmarried partners. In most cases, the spouse brings the claim and selects the attorney to handle the lawsuit.
However, a court may intervene and appoint someone else if:
- The surviving spouse is legally incompetent (e.g., due to a medical condition like dementia),
- The couple was separated or going through a divorce, or
- The spouse chooses to waive the right to file.
2. Children of the Deceased
If there’s no surviving spouse, the right to file passes to the deceased’s children. This includes biological and adopted children. Minor children cannot file directly, but a court may appoint a guardian to act on their behalf.
In some cases, adult children may need to resolve disputes among themselves regarding who will handle the legal claim, especially if only one wrongful death action can be pursued.
3. Parents of the Deceased
Parents may file a claim only if the deceased was unmarried and had no children. This most often applies in cases where the person who died was a minor or a young adult without a spouse or offspring.
If the parents are divorced, the court may give filing rights to the primary custodial parent, particularly if the deceased was underage or lived primarily with 1 parent at the time of death.
4. Next of Kin
If there is no spouse, child, or parent who can file a claim, the next of kin may have standing to file. This typically refers to close blood relatives, such as siblings, cousins, or grandparents, depending on who is the closest surviving relative under Tennessee’s laws of intestate succession.
However, next of kin often need court approval or must be appointed as the personal representative of the estate to bring a claim.
5. Personal Representative of the Estate
A personal representative, either an executor (named in a will) or an administrator (appointed by the court), can file a wrongful death claim on behalf of the eligible family members. This is especially common when:
- There is a dispute among family members,
- The rightful heir is a minor or legally incapacitated, or
- There is no clear immediate relative.
The court considers several factors when appointing a personal representative, including their relationship to the deceased and their ability to manage the lawsuit responsibly.
Wrongful Death Benefits
A wrongful death lawsuit isn’t just about holding someone accountable. It also allows surviving family members to recover compensation for the financial and emotional losses they’ve experienced. In Tennessee, the types of wrongful death damages that may be available fall into 2 general categories: losses suffered by the deceased and losses suffered by the family.
Here are the most common types of wrongful death benefits that may be pursued:
If the deceased received medical care related to the injury that caused their death, those costs can be included in the claim. This may involve emergency treatment, hospital stays, surgeries, or other interventions.
The cost of laying a loved one to rest can be high. Funeral, cremation, or burial costs are considered recoverable damages in a wrongful death claim.
Surviving spouses, children, or other dependents may recover the income the deceased would likely have earned if they had lived. This can include wages, benefits, and pensions that the family has lost due to the death.
Tennessee allows surviving family members to pursue compensation for the emotional impact of losing a loved one. This includes loss of companionship, guidance, affection, and care.
If the deceased experienced pain or emotional suffering before passing away, a claim may include damages for that suffering. This is often referred to as “survival damages.”
If the at-fault party acted with extreme recklessness or intentional harm, the court may award punitive damages. These are meant to punish wrongful behavior and are not available in every case.
FAQs About Wrongful Death in Tennessee
Wrongful death claims are usually covered by the at-fault party’s liability insurance. This can vary depending on the type of incident:
- Car accidents: Auto liability insurance
- Medical malpractice: Malpractice insurance policies
- Business or premises liability: General liability insurance
In rare cases, umbrella or excess liability policies may come into play if damages exceed the limits of the standard policy.
Siblings are not typically allowed to file a wrongful death claim in Tennessee. The law gives priority to the surviving spouse, children, parents, and next of kin. However, a sibling may be permitted to file if:
- They are named as the court-appointed personal representative of the estate, or
- They can prove they were financially dependent on the deceased person
Without 1 of these conditions, most siblings do not qualify.
Filing the lawsuit and receiving the compensation are not always the same. In Tennessee, damages from a wrongful death lawsuit are distributed according to intestate succession laws. These laws determine who inherits assets when someone dies without a will, even if a will exists, wrongful death proceeds follow this specific legal formula.
For example:
- If no immediate family survives, extended relatives may inherit based on statutory order.
- If the deceased had a spouse and children, the money is split between them.
- If the deceased had only a spouse or only children, that party receives the full award.
Talk to a Tennessee Wrongful Death Lawyer
Filing a wrongful death lawsuit can be complex, especially while dealing with grief. Tennessee law sets strict rules about who can file and how compensation is handled. Knowing where you stand legally is the first step.
Our team at The McMahan Law Firm can help you:
- Confirm whether you’re eligible to file
- Handle legal paperwork and court deadlines
- Represent your family’s interests in negotiations or a trial
- Pursue the full compensation your loved one’s memory deserves
If you’ve lost a family member and believe someone else’s actions were to blame, contact The McMahan Law Firm to speak with a Tennessee wrongful death lawyer about your legal options. You don’t have to figure it out alone.
