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.
Who has the right to file a wrongful death lawsuit in Tennessee?
Generally speaking, these are the rules for who may file a wrongful death lawsuit inTennessee:
My wife was hurt in a car wreck in Middle Tennessee on June 21, 2011 and died in the hospital two days later. What is my deadline for filing a lawsuit against the driver who caused the wreck?
Unless a lawyer familiar with all of the facts advises you to the contrary, you should assume that you must file suit a lawsuit against the responsible parties before the one-year anniversary of the wreck.
In some states the date of death triggers the start of the time period to take legal action. That is usually not so in Tennessee. Thus, to be safe work under the assumption that the one-year period starts to run from the date of the original injury that later resulted in death.
My husband was hurt in a car wreck in Tennessee on November 19, 2010 and died in the hospital on December 21, 2010. What is my deadline for filing a lawsuit against the driver who caused the wreck?
Unless a lawyer familiar with all of the facts advises you to the contrary, you should assume that you must file suit a lawsuit against the responsible parties before the one-year anniversary of the wreck.
In some states the date of death triggers the start of the time period to take legal action. That is usually not so in Tennessee. Thus, to be safe work under the assumption that the one-year period starts to run from the date of the original injury that later resulted in death.
My 25 year old brother from Lebanon, Tennessee was killed in a car wreck in Tennessee. Some people have said that an estate must be opened and that an executor or administrator has to be appointed by the court in able to file a wrongful death lawsuit. Is that true?
Not necessarily, but it may be required depending on other facts that you have not shared with me.
Generally speaking, these are the rules for who may file a wrongful death lawsuit in Tennessee:
I am thinking about filing a personal injury case. I think I have a solid case that the insurance company will be afraid to try in front of a jury. Are insurance companies afraid to try cases?
Not really. For the typical insurance company, the analysis is all about money.
In other words, insurance companies evaluate risk. At the end of the day, they determine whether they will likely win a case or lose a case. They look at how much a jury might award, how much a jury is likely to award, and how little a jury might award. They have lots of statistics from which to make this judgment, and they often have very good lawyers help them evaluate a case.
My brother was killed in a wreck with a big truck. I am named in the will as the executor of his estate and the court has appointed me as the executor. I want to file a lawsuit against the truck driver and trucking company that caused the wreck, but my brother’s wife says she is going to file it. I don’t think my brother’s wife should be permitted to file the case because they were not living together at the time of the wreck because she had filed divorce proceedings against him six months earlier.
In Tennessee, both you and your sister-in-law have the right to file suit and if you cannot decide between yourselves who should control the litigation a judge will decide who the best person is to handle the case. A lawyer who is experienced in wrongful death cases can guide you through this process, help you try to work this matter out with your sister-in-law, and help you persuade the court that you should take the lead on this case.
My wife was hurt in a car wreck in Tennessee +on December 15, 2009 and died in the hospital on January 21, 2010. What is my deadline for filing a lawsuit against the driver who caused the wreck?
Unless a lawyer familiar with all of the facts advises you to the contrary, you should assume that you must file suit against the responsible parties before the one-year anniversary of the wreck.
In some states the date of death triggers the start of the time period to take legal action. That is usually not so in Tennessee. Thus, to be safe work under the assumption that the one-year period starts to run from the date of the original injury that later resulted in death.
I was hurt in a car wreck six months ago. It wasn’t my fault. I have been waiting for over a year for the case to settle. I lost three months of wages and have had to pay some medical bills that were not covered by my health insurance. Can I get the insurance company to pay interest on my settlement? It doesn’t seem fair that they can delay my settlement and not have to pay interest.
Not under Tennessee law. Tennessee law does not permit the recovery of interest in personal injury or wrongful death lawsuits.
The only exception to this rule is if you win a case and a judgment is entered by the court you are permitted to recover interest. Interest accrues at the rate of 10% per year on the amount of the judgment that is unpaid.
My husband was killed in a car wreck by a drunk driver. What damages can be recovered by me and our children?
These are the types of damages that can be recovered: (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.
In all cases, the pecuniary value of life includes the present value of the decedent’s lost future earning capacity less those living expenses necessary to maintain the decedent’s person so that they can work. In cases involving the death of a spouse, the surviving spouse can recover damages for the loss of consortium 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.. Each of these types of damages are included in the definition of the “pecuniary value of life.”
Tennessee Injury Law Center