Articles Posted in Damages in Death Cases

This new video explains the types of damages that can be received in aTennessee wrongful death case. The same types of damages are recoverable in all types of wrongful death cases, whether caused by a truck accident,car accident, medical error, defective product, or any other type of negligent act.

John Day represents people who have been injured or lost a loved one due to the negligence of another person or company. John has been listed in Best Lawyers for 20 years, and has the highest legal rating a lawyer can earn by the legal rating service Martindale and AVVO. An author of two books on law and over 50 articles for legal publications, John has given approximately 300 speeches to lawyers in over 15 states on personal injury, wrongful death, and related subjects. He represents people across Tennessee in personal injury, wrongful death, medical malpractice, products liability and other civil cases. To read what his clients have said about him and his law firm, click here.

Tennessee wrongful death lawyers can help clients recover the following types of damages in wrongful death lawsuits:(a) medical expenses; (b) funeral bills; (c) conscious pain and suffering from the date of the injury until the date of death; (d) loss of enjoyment of life between the date of injury and death; (e) loss of earning capacity between the date of injury and death; and (f) the pecuniary value of life.

The "pecuniary value of life" includes the present value of the decedent’s lost future earning capacity minus those living expenses necessary to maintain the decedent’s person so that he  or she can work. In cases involving the death of a spouse, the surviving spouse can recover damages for the loss of love, society and affection of the decedent. In cases involving the death of a parent, the children can recover damages for the loss of love, society, affection and guidance of the parent. In cases involving the death of a child, the parents can recover damages for the loss of love, society and affection of their child.  Each of these types of damages are included in the definition of the “pecuniary value of life.” 

As Tennessee wrongful death lawyers who represent the families of wrongful death victims, we are occasionally asked whether the fact that victim’s family received life insurance as a result of the death impacts the amount of money that is awarded by a jury in a wrongful death case.  That answer is no – the person or corporation who caused the death does not pay less money in damages because the decedent had life insurance.

There is only one group of people and corporations who argue to the contrary, and that is health care providers.  They argue that a special law passed by the Tennessee General Assembly gives them the right to a "credit" for any life insurance paid as a result of the death.  This argument is made when the life insurance is not paid for out of the decedent’s personal money and instead is provided by an employer or some other person or entity.  We believe this argument is not supported by Tennessee law and, in fact, there is no decision of the Tennessee Supreme Court that has addressed this specific issue.

For more information about Tennessee wrongful death litigation, click on any of the following links:

Our Nashville wrongful death attorneys have been called upon to represent the families of many people who have died as a result of the mistakes of another.   One question we are frequently asked in these cases is what type of damages may be recovered.

Tennessee law permits the following damages to be recovered in wrongful death cases arising from automobile accidents, truck accidents, medical malpractice, or any other type of event where negligence causes death:

• medical expenses
• lost wages from the date of injury to death
• funeral expenses
• pain, suffering, disfigurement, disability and loss of enjoyment of life from the date of injury to the date of death

Damages can also be recovered for what is called the "pecuniary value of life."  This includes damages for the present value of future earnings (reduced by the amount of expenses that would have been incurred by decedent to keep the decedent alive so that he or she would have been able to work) plus damages for loss of love, society and affection between the decedent and certain family members.  

Many people do not understand what happens to damages collected in a successful Tennessee wrongful death lawsuit.  In fact, last week I received a call from a lawyer indicating that he settled a wrongful death case and did not know how to distribute the proceeds of the settlement.

The law is relatively straight-forward.  The decedent’s will does not control who gets the money recovered in a wrongful death lawsuit.  Instead, Tennessee law provides that the monies are distributed according to the law of intestate succession, that is, the money is distributed as if the person died without a will.

So, if a person dies with with no spouse and no children, his or her parents are entitled to the recovery of the wrongful death proceeds.  If the person leaves only a surviving spouse, the parents are excluded and the spouse gets 100% of the money.