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Nashville Personal Injury Lawyer > Blog > Wrongful Death > Wrongful Death: Am I Able to File a Claim?

Wrongful Death: Am I Able to File a Claim?


Dealing with the untimely death of a loved one is one of life’s most emotionally taxing experiences, and if the death of your loved one was caused by someone else’s negligence, your grief may be compounded.

While there are several ways to respond when your loved one has been killed by the actions, or lack thereof, of another person. Many people choose to file a wrongful death lawsuit. Discover who can file a wrongful death lawsuit in Tennessee and find out why it’s always best to consult with a local attorney about your claim.

Tennessee Wrongful Death Rules

Tennessee treats wrongful death as a form of personal injury suit where the victim is unable to file a suit themselves, so the right passes on to an eligible family member or a representative of their estate.

It’s important to understand that wrongful death claims differ from criminal charges in that a wrongful death suit can only result in monetary penalties. Tennessee allows you to file a wrongful death suit before criminal charges have been resolved, although you can wait if you choose. However, there is a one-year time limit on filing wrongful death suits in this state, so be sure you don’t delay filing your suit too long.

Who is Able to File a Claim?

Only family members or an estate representative is eligible to file a personal injury lawsuit in Tennessee. Surviving spouses are first in line when it comes to filing a wrongful death case. If the person who died was unmarried, their children or next of kin receive the right to file a lawsuit. For victims of wrongful death with no children, the right to file a claim falls to the representative of their estate, their parents, and then the administrator of their estate.

Parents and estate administrators are only allowed to file a suit if the person who died was a dependent.

Compensation for Wrongful Death

If you file a personal injury lawsuit in Tennessee and are able to win your claim, there are multiple types of damages you may receive.

It is possible, for instance, to be awarded damages for lost wages. Damages for funeral expenses are also very common. Some claims result in damages for mental anguish, both for the deceased and those they left behind.

At one point, damages were calculated based on what the deceased would have received if they were alive, but now the losses suffered by the loved ones of the departed are taken into account as well.

Hire Legal Representation

If you’re dealing with the wrongful death of a loved one and are unsure how to respond, you should get in touch with the legal team at Mitch Grissim & Associates.

We can discuss your options for a wrongful death claim, and can help you understand who can file a wrongful death suit in Tennessee. Our attorneys are experienced and compassionate, meaning they know the right way to help you get through this painful time in your life. Request a consultation with one of our attorneys today so that you can discuss the facts around your loved one’s death and start the process of filing your claim.

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