Articles Posted in Death Cases

Under Tennessee law, the spouse of the decedent usually has the right to file and control a wrongful death lawsuit.  However, a spouse can lose the right to file and control the wrongful death suit if he or she has abandons or becomes "willfully withdrawn" from the decedent for a period of two years.

If this situation exists, the courts will presume that the surviving spouse has forfeited his or her rights to file and control the wrongful death suit and that right will go to others.   

If a dispute about this occurs, the surviving spouse will have the right to be heard in court and argue that he or she is the appropriate person to file and control the lawsuit.  A determination against the spouse can also affect his or her right to receive any of the proceeds of the wrongful death lawsuit itself.

The distribution of the monies received in a successful Tennessee wrongful death case is described in this post.

Funeral expenses are re-paid to the person who paid the funeral bills.  (Note:  the actual law on this issue is a little unclear, but this is what generally occurs.)

Medical expense monies generally must re-paid to the person or insurance company (or government entity) that paid the medical bills.  (Once again, there are some who take a different position on this issue, depending on who paid the bills, but this is what generally occurs.)

My brother killed our mother.  My brother and I are her only children.  Can I sue him? 

Under Tennessee law someone has the right to sue your brother and it might be you.  The act of murder under the criminal law is known as "battery" in the civil law.  One who commits an act of battery must pay damages for the harm he or she causes.

Your father would have the right to file suit assuming he is still alive and was married to your mother at the time of her death.

My neighbor and I have been fighting about my dog for years.  My dog stayed in my yard, but it barked a lot because the kids in the neighborhood would torment it.  

Anyway, I woke up this morning and my dog was dead.  I looked in his dog bowl and there was some substance mixed in with the food.  I took it to my vet and she said that the substance was rat poison and that  my dog ate it and bleed to death internally.  

I asked my neighbor about it and he just laughed.  I went to the hardware store in town and the lady that owns it said my neighbor was in there two days ago and bought some rat poison.

Who receives the damages recovered in a successful wrongful death lawsuit in Tennessee?

Generally speaking, damages for the personal injury claim (the claim that arises from the period of time between the injury and the death) are distributed under the will of the decedent and, if there is no will, under the law of intestate succession.

Funeral expenses are re-paid to the person who paid the funeral bills.