Reviewed by Larry Peters, Attorney licensed in Tennessee, Mississippi, Arkansas, Texas, Kentucky, and Georgia · Last reviewed: June 2026.
4.8/5 · 96 Google reviews
Losing a family member to someone else’s carelessness is a different kind of loss — and the law cannot undo it. What a wrongful death claim can do is hold the responsible party accountable and secure the financial security your family needs to move forward. Whether the death came from a crash on the Bill Morris Parkway, an 18-wheeler collision, or another act of negligence, Southern Injury Attorneys handle these cases with both rigor and compassion, so your family can grieve while we pursue justice — with no fee unless we win.
Sources: Tenn. Code Ann. § 20-5-106; § 20-5-113; § 28-3-104.
What a wrongful death claim is
A wrongful death claim is a civil action brought when a person dies because of another party’s negligent or wrongful conduct. It is separate from any criminal case — a driver can be acquitted or never charged and still be held financially responsible in a wrongful death lawsuit, which uses a lower burden of proof. The purpose is not punishment alone but compensation: covering the financial and human losses the death has caused, from medical and funeral bills to the lost income and irreplaceable companionship of the person who died.
Who can file a wrongful death claim in Tennessee
Tennessee law sets a specific order of priority for who holds the right to bring the claim, shown in the diagram above. Under Tenn. Code Ann. § 20-5-106, the right passes first to the surviving spouse. If there is no surviving spouse, it passes to the children or next of kin. The deceased’s personal representative (the executor or administrator of the estate) may also bring the action for the benefit of the surviving spouse or next of kin, and in certain circumstances a surviving parent may file. Because disputes over who is the proper party can stall a case, one of the first things we do is confirm the correct claimant under the statute so the lawsuit is filed cleanly and on time.
Damages your family can recover
Tennessee’s wrongful death damages statute (Tenn. Code Ann. § 20-5-113) allows recovery for two broad categories of loss. The first covers the decedent’s own losses: the medical expenses, physical and mental suffering, and loss of time the person experienced between the injury and death. The second covers the survivors’ losses — the financial and relational harm the death causes the family.
- Gastos médicos y funerarios arising from the fatal injury.
- The pecuniary value of the life lost — the income, benefits, and services the deceased would reasonably have provided.
- The deceased’s physical and mental suffering before death.
- The survivors’ loss of love, care, guidance, companionship, and consortium.
- Punitive damages, where the conduct that caused the death was especially reckless — such as drunk or grossly negligent driving.
Two claims in one
What makes Tennessee’s approach distinctive is that a single wrongful death action combines the claim the deceased could have brought had they survived with the losses suffered by the family. That means the full arc of harm — from the moment of the injury through the lasting impact on the survivors — is captured in one case. Valuing it properly takes care: economists and life-care experts are often needed to quantify lost earnings and the value of services, while the human losses require a thoughtful presentation of who this person was to their family.
Common causes of wrongful death we handle
Most of the fatal cases we see arise from preventable crashes and incidents in and around Shelby County: car and high-speed highway collisions on routes like the Bill Morris Parkway and US-72; commercial truck and 18-wheeler crashes, whose sheer force makes them disproportionately deadly; motorcycle and pedestrian fatalities, where the victim has no protection; drunk and distracted driving deaths; and fatal premises and other negligence. Whatever the cause, the questions are the same: who was responsible, what insurance and assets are available, and how do we prove the full measure of the family’s loss.
Fault, the 50% bar, and the one-year deadline
Tennessee’s falla comparativa modificada rule applies to wrongful death just as it does to injury claims: any fault attributed to the deceased reduces the recovery, and at 50% or more it bars the claim, so the defense will often try to blame the person who died. Tennessee also imposes a short deadline — generally un año from the date of death under Tenn. Code Ann. § 28-3-104, with limited exceptions. Because evidence fades and the clock is short, reaching out early — even in the midst of grief — protects the family’s rights.
How we help your family
We handle wrongful death cases the way we would want our own families treated: we take on the investigation, the insurers, and the paperwork so you do not have to, we front the costs of experts and litigation, and we are paid only from what we recover. From our Memphis-area office we serve Germantown, Collierville, Cordova, Bartlett, and all of Shelby County, and our attorneys are licensed across Tennessee and five neighboring states. There is never a fee for the consultation, and never any pressure — only an honest assessment of your family’s options.
In short: A Tennessee wrongful death claim must be brought by the right party under § 20-5-106, generally within one year, and it can recover both the decedent’s losses and the family’s. Acting early protects the evidence and the deadline. Call 800-224-5546 for a free, compassionate consultation.
What to do after a fatal accident
In the days after a sudden loss, legal steps are the last thing on a family’s mind — but a few early actions protect your rights without adding to your burden.
- Keep the records. Hold on to the accident report, medical and funeral bills, and any correspondence from insurers.
- Do not sign anything from an insurance company — or accept a quick settlement — before speaking with a lawyer. Early offers are almost always far below the claim’s true value.
- Preserve evidence. Vehicles, electronic data, and surveillance video can be lost or repaired within days; a lawyer can send preservation demands immediately.
- Avoid recorded statements to the at-fault party’s insurer until you have advice.
- Reach out when you are ready. A single conversation lets us start protecting the one-year deadline and the evidence while your family focuses on grieving.
Defense tactics we anticipate
Insurers defend wrongful death claims aggressively because the stakes are high. The most common tactic is to blame the person who died — arguing the decedent was speeding, not wearing a seatbelt, or otherwise at fault — because under Tennessee’s 50% bar, shifting enough blame onto the deceased can reduce or even eliminate the recovery. Insurers also dispute the value of the life lost, downplaying future earnings or the family’s relational losses, and they may push a fast, low settlement while the family is overwhelmed and before the full losses are understood. We counter each of these the same way: with a thorough independent investigation, accident reconstruction and economic experts where needed, and a clear, human account of who the deceased was and what their loss means. The goal is to make sure the insurer confronts the real measure of what your family has lost, not the discounted version it would prefer to pay.
What our Germantown-area clients say
★★★★★ Verified Google reviews · 4.8/5 average across 96 reviews
“My lawyer was always available to answer any questions and went above and beyond to make sure we got what we deserved! Everyone was so nice and made me feel like I was important!”
“Attorney Williamson & Ayah were amazing during my case. I really appreciate them for being so patient with me and with the other party. I TRULY APPRECIATE YOU GUYS!”
“Absolutely the best in the city. Very professional – they helped me with my slip and fall with the apartment complex! Would recommend to anyone with a car accident or slip and fall.”
“I had a time-urgent issue and Jimmy was exceptionally prompt in helping me. He truly listened to my concerns. I did not feel like just another payday for him – and my issue was resolved in my favor! 10/10 recommend!”
“This firm assisted me from start to finish without any hesitation or unnecessary fees. Extremely professional and timely. I am unfamiliar with the laws, but Southern Injury guided me the whole way. Highly recommend!”
“From the start they were honest, responsive, and completely committed to my case. They fought hard and made sure I got the compensation I deserved. If you are looking for a lawyer who truly has your back, this is the one.”
Frequently asked questions
Who can file a wrongful death claim in Tennessee?
Under Tenn. Code Ann. 20-5-106 the right passes first to the surviving spouse, then to the children or next of kin if there is no spouse. The deceased’s personal representative may bring the action for the family’s benefit, and in certain cases a surviving parent may file.
How long do we have to file a wrongful death lawsuit in Tennessee?
Generally one year from the date of death under Tenn. Code Ann. 28-3-104, with limited exceptions. Because the deadline is short and evidence fades, it is important to speak with a lawyer as early as possible.
What damages can our family recover?
Tennessee allows recovery for medical and funeral expenses, the deceased’s physical and mental suffering before death, the pecuniary value of the life lost (income, benefits, and services), and the survivors’ loss of love, care, guidance, and companionship. Punitive damages may apply where the conduct was especially reckless.
Is a wrongful death claim the same as criminal charges?
No. A wrongful death claim is a separate civil case with a lower burden of proof. The at-fault party can be held financially responsible even if they were never criminally charged or were acquitted.
What if our loved one was partly at fault?
Tennessee’s modified comparative fault rule applies. Any fault attributed to the deceased reduces the recovery, and at 50 percent or more it bars the claim. The defense often tries to shift blame, which is why building the evidence is essential.
How is the value of a wrongful death claim determined?
It depends on the deceased’s age, income, and role in the family, the circumstances of the death, the available insurance, and the survivors’ losses. Economists and life-care experts are often used to quantify the financial losses. We give an honest assessment after reviewing the facts.
What does it cost to hire your firm for a wrongful death case?
Nothing up front. We work on a contingency fee and are paid only from what we recover for your family. The consultation is always free.
About the author: Larry “Jimmy” Peters
Founder & Personal Injury Attorney, Southern Injury Attorneys
Licensed in Tennessee (BPR #37889), Mississippi, Arkansas (#2020103), Texas (#24113438), Kentucky, and Georgia (#936535).
Jimmy Peters founded Southern Injury Attorneys with one mission: maximizing compensation for people injured in car, truck, and premises-liability accidents across the Mid-South. He and his team handle auto and 18-wheeler crashes, slip-and-fall and other injury claims on a contingency fee — no fee unless the firm wins — and he personally reviews the firm’s legal content for accuracy. ★ 4.8/5 from 96 verified Google reviews. If you were hurt in Germantown or anywhere in Shelby County, the consultation is free.
This page provides general legal information about Tennessee personal injury law and is not legal advice. Reading it or contacting us does not create an attorney-client relationship.
