Wrongful death is a legal liability claim or cause of action that may be made in a civil lawsuit (noncriminal case) for money damages against a person or entity whose negligence or intentional act wrongfully caused the death of the deceased person (the decedent).
Wrongful death claims may allow a deceased tort victim’s estate, surviving parents, children, and spouse to recover damages for their losses from the victim’s death.
Laws regarding wrongful death claims vary from state to state. In many states the legislature has enacted statutes (laws) governing any recovery for wrongful death. And in some states the law regarding recovery for wrongful death may be located in the state’s court opinions (also known as case law, common law, or judicial decisions).
In Tennessee, wrongful death claims are governed by state statutes that allow the deceased person's estate or certain surviving relatives to seek compensation for losses resulting from the decedent's death. Under Tennessee Code Annotated § 20-5-106 and related statutes, the individuals who may bring a wrongful death claim include the surviving spouse, children, or, if there are no surviving spouse or children, the decedent's next of kin. The damages that may be recovered can include medical expenses, funeral costs, loss of earning capacity, and the loss of love, society, and companionship. Tennessee law also recognizes the potential for punitive damages in cases where the defendant's conduct was particularly egregious. It is important for those considering a wrongful death claim in Tennessee to consult with an attorney to understand the specific requirements and limitations, such as the statute of limitations, which is generally one year from the date of the decedent's death.