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  • By: Law Offices of Daniel L. Clayton
  • Published: July 29, 2024

Losing a family member is never easy. The pain can be even more profound when that loss comes unexpectedly due to another personโ€™s negligence. Those who grapple with such a tragedy often find themselves overwhelmed, unsure of their rights and the steps they can take to bring justice to their loved oneโ€™s passing.

Who Can File A Wrongful Death Claim?

In Tennessee, the right to file a wrongful death claim is limited to specific individuals. The stateโ€™s laws prioritize immediate family members in the following order:

  • Surviving spouse:ย The husband or wife of the deceased has the primary right to file.
  • Children:ย Adult children of the deceased can pursue the claim if there is no surviving spouse or if the spouse is unable or unwilling to file.
  • Parents:ย In cases where the deceased had no spouse or children, parents can file the claim.

If the deceased did not have a spouse, children or surviving parents, the responsibility to file aย wrongful death claimย falls to the legal representative of the deceasedโ€™s estate.

Types Of Compensation Available

When filing a wrongful death claim, you may seek various types of damages. Successful claims can result in several forms of compensation:

  • Medical expenses related to the fatal injury or illness
  • Funeral and burial costs
  • Lost wages and benefits the deceased would have earned
  • Pain and suffering experienced by the deceased before death
  • Loss of companionship for family members

Each case is unique. The court will consider the circumstances of the death and the impact on the surviving family members when determining the damages awarded.

When Should I File For A Claim?

Itโ€™s essential to note that Tennessee imposes a strict statute of limitations for filing wrongful death claims. Generally, claimants have one year from the date of death to file. Missing this deadline can result in losing the right to seek compensation.

Moving Forward

Dealing with a wrongful death can be an emotionally taxing experience. While no amount of money can truly compensate for the loss of a loved one, pursuing a wrongful death claim can provide financial stability and a sense of justice. If you find yourself in this difficult situation, consider reaching out toย a legal professional whoย can guide you through the process and help protect you and your loved onesโ€™ rights.

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