Knoxville wrongful death lawyers.

What is a Tennessee wrongful death claim?

Tennessee law provides that a cause of action a person would have had for injuries caused by another does not necessarily disappear when those injuries result in death. Tenn. Code Ann. § 20-5-106 describes how that right of action survives and passes to specified beneficiaries or a personal representative.

n

Who can bring the action?

The answer depends on the family and estate circumstances. Tennessee law gives roles to the personal representative and, in specified circumstances, the surviving spouse, children or next of kin. Tenn. Code Ann. §§ 20-5-106 and 20-5-107 contain priority and procedural rules, so families should not assume that every relative has a separate claim or an equal right to file suit.

n

What damages can be involved?

Tenn. Code Ann. § 20-5-113 permits, when the claimant is entitled to damages, recovery for specified losses resulting to the deceased from the injuries and damages resulting to the people for whose use and benefit the right of action survives. The recoverable damages depend on the evidence and circumstances of the particular case.

n

What kinds of events can lead to a wrongful death case?

A wrongful death claim can arise from a motor-vehicle collision, dangerous property condition, defective product or another event in which legally actionable fault causes death. The underlying liability still must be established; a tragic outcome alone does not prove negligence.

n

Why does early investigation matter?

Evidence can disappear. Vehicles may be repaired or destroyed, video can be overwritten, witnesses become harder to locate and records can become more difficult to obtain. Prompt investigation can help identify the responsible parties, available insurance and evidence that should be preserved.

n

What about fatal car or truck wrecks?

When a death results from a roadway collision, the investigation may involve the crash report, photographs, vehicle data, witnesses, insurance policies and, for commercial vehicles, company and driver records. See our car accident and truck accident pages for related information.

n

Deadlines require prompt attention.

Wrongful death claims involve limitations issues that can be fact-specific. Families should obtain advice promptly rather than trying to calculate a filing deadline from a general website description.

n

You do not need to have every document before calling.

Basic information about what happened, the date and location, available reports, insurance information and the identity of the person who died is enough to begin a conversation. Additional records can be gathered as the matter is evaluated.