If you lost someone in an accident, you are likely dealing with more than grief. Families often feel pressured to make legal decisions quickly, even when emotions are still raw.
Your Madison, TN wrongful death lawyer with Woodard Injury Law is here to help you sort through your options with care, backed by 19+ years of combined experience from your Madison, TN personal injury lawyer with our firm. Reach out when you are ready to talk. We are here to support you.
Why Choose Woodard Injury Law for Legal Support?
When a family in Madison needs help after a tragic loss, we show up ready to listen and build a strong legal strategy that fits the situation.
With nearly two decades of serving the community, our team understands how Davidson County courts operate and how to approach each case. We make it a point to stay in touch, answer your questions quickly, and keep the process moving so you are not left wondering what comes next.
Who Is Entitled to Wrongful Death Compensation in Madison, TN?
Tennessee law under T.C.A. § 20-5-106 has very specific rules about who has the legal right to pursue compensation after a wrongful death. These rights usually begin with immediate family, but things can get more complicated depending on the relationships involved. Biological ties, legal status, and emotional or financial dependency all play a role in determining who may be recognized as a beneficiary.
Prioritization of Family Members Under Tennessee Code § 20-5-106
In most cases, the surviving spouse is the first person eligible to bring a wrongful death claim. If there is no spouse, the right typically passes to the deceased person’s children, followed by surviving parents in certain circumstances. The statute sets a clear order of priority, which helps the court resolve questions when multiple relatives step forward.
Exceptions and Conflicts in Beneficiary Rights
Sometimes, situations arise where the next of kin are estranged or do not live in the same household, making the process less straightforward. For example, when a person dies with children from different relationships or without a surviving spouse, multiple parties may try to claim compensation.
These disputes can become even more sensitive in cases involving catastrophic injury that led to death, where extended care or legal guardianship was involved.
How Long Do I Have to File a Wrongful Death Claim in Tennessee?
After losing someone you love, dealing with legal deadlines is probably the last thing on your mind. However, Tennessee law puts a pretty tight clock on when a wrongful death claim can be filed, and the rules are not always as simple as they seem. Here are just a few situations that can change how long you have to file:
- The claim involves minor children
- Police are still investigating a related crime, like a DUI injury
- The cause of death was not known right away
- There is more than one person or company that may be at fault
- The case gets filed in the wrong court
- The death involved suspected medical malpractice
Even though Tennessee Code Ann. § 28-3-104 sets a one-year window in most cases, missing a deadline, even by a little, can mean losing the chance to move forward. That is why we encourage families to reach out early, especially if a car accident or criminal case is involved. It gives us time to preserve records, track down key details, and keep everything on the right track from day one.
Call Our Madison, TN Wrongful Death Lawyer
You do not have to go through this process on your own. Your wrongful death attorney in Madison, TN from Woodard Injury Law is here to answer your questions, explain your options, and help your family take the next step. When you are ready, contact us to get started.