Wrongful Death Damages In Tennessee
No one expects the tragic accidental death of a loved one, and when this type of tragedy occurs the family of the victim can seek a claim for wrongful death against those responsible for the loss in Tennessee. Compensation for a wrongful death claim can be confusing, but the experienced wrongful death lawyers at Mitch Grissim & Associates are here to help during this difficult time. If you would like to speak with a highly qualified attorney about your case, call or contact our office today to schedule a consultation.
Hybrid Compensation Approach
Tennessee law takes a hybrid approach to its compensation for wrongful death claims, in that it separates compensation into that for the victim’s estate, known as survival claims, and those for the loved ones of the victim, known as wrongful death claims.
Survival claims are those made on behalf of the victim’s estate. Another way to look at this element of compensation is that, but for the victim’s death, they would have been able to seek these damages in a personal injury lawsuit. These damages are for the injuries sustained and the harm inflicted upon the victim. Compensation includes any final medical expenses, physical and mental pain and suffering, lost wages, loss of earning capacity, and final funeral and burial costs.
Wrongful Death Claims
Wrongful death claims are those made on behalf of the family members of the victim to compensate them for the loss of the deceased. Also known as incidental damages incurred by the next of kin of the victim, compensation for loved ones includes the pecuniary value of the victim’s life. Pecuniary value is calculated as the life expectancy, age, physical condition, capacity for labor and earning potential of the victim less their living expenses. This element of compensation also includes consortium damages, which include the loss of attention, guidance, care, protection, training, companionship, cooperation, affection, love, and in the case of a spouse, sexual intimacy.
Limits on Wrongful Death Compensation
It is important to note that there are limitations on a wrongful death claim in Tennessee. Under state law, there is a cap on the wrongful death elements for the victim’s loved ones at $1,000,000. However, there is no cap for the survival damages incurred by the victim for medical bills, lost wages, and other economic losses.
There is another limit on wrongful death claims in Tennessee, which is the time in which a wrongful death claim can be filed with the court. Known as the statute of limitations, the family of the deceased or the personal representative of the victim’s estate only has one year from the date of death to file a lawsuit with the court. To learn more, talk to our office today.
Talk to Mitch Grissim & Associates Today
Have you tragically lost a loved one to an accident? If so, contact the Nashville personal injury attorneys at Mitch Grissim & Associates to schedule a free consultation of your case to learn more about your legal options.