In Tennessee, wrongful death claims must be filed by the personal representative of the deceased’s estate. If no representative was named in a will, the court typically appoints the surviving spouse, followed by adult children, parents, or siblings in that order. The lawsuit benefits both the estate and surviving family members according to state law.

Many personal injury claims reach resolution outside of the courtroom via settlement agreements. In these instances, the defendant’s insurance company may propose a settlement offer, agreeing to pay a specified amount of money in exchange for the plaintiff relinquishing any future claims. Opting for a settlement can lead to quicker payment and alleviate the stress of a full trial, although the compensation amount may be less compared to what one might receive through a court trial.

Recoverable damages in wrongful death cases include medical expenses related to the fatal injury, funeral and burial costs, lost wages and benefits the deceased would have earned, pain and suffering experienced before death, and loss of companionship, guidance, and support for surviving family members. In cases involving gross negligence, punitive damages may also be available.

Explaining Personal Injury Law

Personal injury law encompasses the legal framework that defines your entitlements when you suffer harm due to someone else’s actions.

You can pursue a claim in either state or federal court for personal injury incidents. In such cases, you, as the plaintiff, bring the case against individuals, companies, or other entities, known as defendants.

Personal injury laws outline the circumstances that constitute grounds for a claim, the parties against whom you can file a case, the burden of proof required for a successful claim, and the types of damages you can seek if your claim prevails.

Types of Legal Claims Under Personal Injury Law

Various legal claims fall under the umbrella of personal injury law, including:

Accidental injuries: These occur due to negligence or failure to fulfill professional duties, such as medical malpractice, slip and fall accidents on poorly maintained premises, and car accidents.

Strict liability claims: In certain cases, you can make a claim for injuries caused directly by someone’s actions or inactions, irrespective of negligence. For instance, if a defective product causes harm, the manufacturer can be held strictly liable.

Intentional torts: Personal injury laws allow you to seek compensation if someone intentionally harms you, such as in cases of assault and battery.

Other circumstances may also warrant the use of personal injury laws to pursue claims against wrongdoers. A seasoned personal injury attorney can assist you in understanding the applicable laws.

In Tennessee, the statute of limitations for wrongful death claims is generally one year from the date of death. This timeframe is significantly shorter than in many other states, making it crucial to consult with an attorney promptly. Certain exceptions may apply in cases involving minors or when wrongdoing was concealed.

Typically, your case targets the individual, company, or entity directly responsible for your injury. However, there may be instances where multiple parties bear responsibility.

For example, in medical malpractice cases, you may sue not only the negligent physician but also the employing clinic under vicarious liability, which holds employers responsible for their employees’ actions during work duties.

An adept personal injury lawyer will help you identify all potentially liable parties.

Regardless of whom you sue, you’ll likely interact with an insurance company during your claim process. Insurers, covering areas like homeowners, auto, business, or malpractice, compensate for damages up to policy limits when their policyholders cause harm.

Tennessee law specifies how wrongful death compensation is distributed. Generally, the surviving spouse receives priority, followed by children. If there is no spouse or children, then parents and siblings may receive compensation. The specific distribution depends on your family situation and follows Tennessee’s intestacy laws if no will exists.

A wrongful death claim compensates surviving family members for their losses resulting from the death, while a survival action allows the estate to recover damages the deceased could have claimed had they survived (such as pre-death pain and suffering and medical expenses). In Tennessee, these claims are typically combined into a single wrongful death action.

Proving liability requires establishing four elements: duty of care (the defendant owed a duty to the deceased), breach of that duty (the defendant failed to meet their obligation), causation (this breach directly caused the death), and damages (quantifiable losses resulted). Our attorneys gather evidence including medical records, expert testimony, accident reports, and witness statements to build a compelling case.