Who Can File a Tennessee Wrongful Death Claim?

By Thomas Greer | April 24, 2012

Wrongful deaths cause pain, emotional turmoil, and even financial distress for the survivors of a loved one. Because state and not federal law governs wrongful death, Tennessee has its own set of statutes. If you live in the Memphis area, it is important to consult a Memphis wrongful death lawyer to determine what your rights are.

When a loved one dies due to the negligence or intention of another, the law defines the death as wrongful. This means that a personal representative of the decedent has the right to sue on behalf of the survivors. So, who can act as a personal representative in a Tennessee wrongful death lawsuit?

In general, the following rules apply to Tennessee wrongful deaths:

  • A wife, estate administrator or executor can file a lawsuit for the death of a husband.
  • And if a husband survives his wife, he or an administrator or executor can file.
  • When wrongful death occurs to a single person, his or her adult children may file. If there are no adult children, then the parents are next in line.
  • When the decedent is a minor and unmarried, his or her parents or estate administrator may file suit.
  • If the victim of wrongful death’s parents are deceased and he or she has no children, Tennessee law allows a sister or brother to file.

Of course, like any rules, there are exceptions. For instance, if there is more than one person who may file suit, the court will decide who actually does so. No matter what your situation, legal representation is your best choice. A Tennessee wrongful death attorney can advise you of your rights and the best way to approach a wrongful death lawsuit.

Bailey & Greer, in Memphis, represents families with compassion and legal expertise. Give us a call toll-free today at 901-680-9777 to get your questions answered. We treat each case we take with the care we would give our own families.

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