{"id":376518,"date":"2019-06-07T08:55:09","date_gmt":"2019-06-07T13:55:09","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/tennessee-law\/tennessee-wrongful-death-laws.html"},"modified":"2022-01-07T16:46:09","modified_gmt":"2022-01-07T21:46:09","slug":"tennessee-wrongful-death-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/tennessee-law\/tennessee-wrongful-death-laws.html","title":{"rendered":"Tennessee Wrongful Death Laws"},"content":{"rendered":"\n
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Tennessee Wrongful Death Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

When a person passes away due to someone’s negligence or misconduct, the surviving family members may sue for "wrongful death." In this type of lawsuit, the survivors attempt to hold accountable whoever was responsible for their loved one’s untimely death.<\/p>\r\n

Wrongful death suits run the gamut from fatalities caused by medication errors to defectively manufactured products to stray gunshots. In one Tennessee case, a daughter tried to sue her father<\/a> for causing the wrongful death of her mother in a car crash. Regardless of the underlying circumstances, a plaintiff must prove that the tragic loss of life was attributable to someone’s wrongful or negligent<\/a> conduct.<\/p>\r\n

Read on for a synopsis of Tennessee wrongful death laws, who may file suit, the time limit, and what damages may be available.<\/p>\r\n

Tennessee Wrongful Death Laws: Overview<\/h2>\r\n

Although only an attorney can advise you about how the law applies to your specific situation, we’ve prepared this "plain English" overview of key aspects of Tennessee’s wrongful death laws.<\/p>\r\n\r\n
Statute<\/b><\/td>\r\nTennessee Code Sections 20-5-101 through 20-5-117<\/a><\/td>\r\n<\/tr>
Time Limit<\/b><\/td>\r\nA wrongful death lawsuit must be filed within 1 year of the date of the person’s death, although the time limit can be extended in narrow circumstances (Section 28-3-104<\/a>).<\/td>\r\n<\/tr>
Who May File a Wrongful Death Claim<\/b><\/td>\r\nGenerally, Tennessee allows only certain individuals to file a wrongful death lawsuit (Section 20-5-107<\/a>):
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  • The deceased person’s spouse;<\/li>\r\n
  • The deceased person’s child or next of kin, if there is no surviving spouse;<\/li>\r\n
  • The deceased person’s parent (in some cases); or<\/li>\r\n
  • The deceased person’s personal representative.<\/li>\r\n<\/ul>\r\n

    Note that the perpetrator of the death, no matter who it is, is prohibited from bringing a wrongful death action or participating in the proceeds thereof<\/p>\r\n<\/td>\r\n<\/tr>

Monetary Damages Available<\/b><\/td>\r\nA plaintiff can recover monetary compensation for losses including: