Losing a family member in a car accident is one of the most painful experiences a person can go through. When that loss was caused by another driver’s negligence, the grief is often made worse by a sense of injustice and a flood of financial pressures that the family was never prepared for. Tennessee law recognizes the severity of these situations and allows surviving family members to file a Nashville wrongful death lawsuit against the responsible party.
If your loved one was killed in a car crash in Tennessee, continue reading to learn about how wrongful death claims work in this context and what your legal options may be going forward.
Who Can File a Wrongful Death Lawsuit After a Car Accident?
Under Tennessee Code § 20-5-106, the state only allows certain parties to file a wrongful death claim, and the right to file follows a specific order. The surviving spouse has the first right to bring the lawsuit. If there is no surviving spouse, the following parties may file, in this order:
- The surviving children
- The surviving next of kin
- The personal representative or administrator of the deceased person’s estate
- The surviving parent or parents, if the deceased was dependent on them at the time of death
If the personal representative or administrator is the one who files the claim, any compensation that is recovered will be distributed to the deceased person’s surviving family members rather than to the estate itself.
What Kinds of Compensation Are Available in a Tennessee Wrongful Death Claim?
Families who file a wrongful death claim after a fatal car accident in Tennessee may be able to recover compensation for a range of losses, including:
- Medical bills from the treatment the deceased received before their passing
- Funeral and burial expenses
- The wages the deceased would have earned over their remaining lifetime
- Loss of companionship, guidance, and emotional support
- Pain and suffering experienced by the deceased
In cases where the at-fault driver’s conduct was especially reckless, such as driving under the influence, punitive damages may also be available. These are meant to punish the wrongdoer and are awarded on top of compensatory damages in qualifying cases.
Tennessee’s Statute of Limitations for Wrongful Death Cases
Tennessee imposes a one-year statute of limitations on wrongful death lawsuits. This means you must file your claim within one year of the date of your loved one’s injury that caused their death. Failing to meet this deadline will almost certainly result in your case being dismissed altogether.
There are exceptions to this time limit, but only for certain cases. It’s best to contact a wrongful death lawyer as soon as possible for help taking legal action on time.
Contact Woodard Injury Law To Schedule a Free Consultation
If your family lost someone in a car accident caused by another driver’s negligence, you may have the right to pursue a wrongful death claim. An experienced attorney with Woodard Injury Law can walk you through the legal process and fight for the maximum amount of compensation your family is entitled to.
Reach out today at (615) 314-4626 for a free consultation. We can advise you of your legal rights and options at that time.