When someone else’s negligence or wrongful act causes the death of a family member, Tennessee law gives the surviving family the right to pursue a wrongful death claim. No recovery restores what has been lost, but a successful claim can cover medical and funeral expenses, lost financial support, and the loss of companionship and guidance — and hold the responsible party accountable.
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Who Can File
Tennessee’s wrongful death statutes, T.C.A. §§ 20-5-106 and 20-5-107, set a specific priority of who may bring the claim:
- The surviving spouse, first
- If no spouse, the decedent’s children or next of kin
- If no spouse or children, the decedent’s parents
- If none of the above, the personal representative of the estate
The One-Year Deadline
Under T.C.A. § 20-5-113, a wrongful death lawsuit must generally be filed within one year of the date of death — not the date of the injury that caused it. If the decedent survived for a period before passing, the clock may run from the later date. A 120-day extension may be available in limited circumstances.
The rules governing who must file, by when, and in what capacity are technical. Call us as soon as possible so no deadline is missed.
What Can Be Recovered
- The decedent’s medical expenses for treatment of the fatal injury
- Funeral and burial expenses
- The decedent’s pain and suffering from the time of injury to death
- The pecuniary value of the decedent’s life — lost future earnings, services, and support to the family
- Loss of consortium, companionship, and guidance for the surviving family
- Punitive damages in cases involving drunk driving, hit-and-run, or other intentional or reckless conduct
Non-economic damages are subject to the statutory cap under T.C.A. § 29-39-102 — $750,000 in most cases, $1,000,000 for catastrophic injury or loss. Economic damages are not capped.
Common Causes We Handle
- Motor vehicle crashes — car, truck, motorcycle, and pedestrian fatalities
- Drunk-driving deaths — often supporting punitive damages
- Commercial trucking accidents — 18-wheeler and delivery-vehicle crashes
- Hit-and-run fatalities
Fees — No Fee Unless We Recover
Wrongful death cases are handled on a contingency-fee basis. No attorney’s fee is owed unless we recover for the family. Case expenses are generally advanced by the firm and reimbursed from the recovery. The initial consultation is free and confidential.
We understand that reaching out to a lawyer after the loss of a loved one is difficult. When you are ready, we will walk you through the process with the care the matter deserves.
Call (901) 324-5000 Email the Firm
Brooks Law Firm · 2299 Union Avenue, Memphis, TN 38104 · (901) 324-5000 · patrick@patrickbrookslaw.com · Se habla Español.
See also: Personal Injury — Motor Vehicle Accidents
This page provides general information about Tennessee wrongful death claims and is not legal advice. Reading this page does not create an attorney-client relationship. Every case is different; prior results do not guarantee or predict a similar outcome in any future matter. Contact a qualified Tennessee wrongful death attorney about the specific facts of your situation. Attorney advertising.