Who Gets the Money from a Wrongful Death Case in Tennessee?

If you have had a family member who was killed because of the conduct of another person, a Tennessee wrongful death claim may be brought.  Under Tennessee Code 28-3-104(a)(1), a wrongful death case must be commenced within one year of the date that the accident which caused wrongful death occurred.  This one year time limit is required by the Tennessee statute of limitations.

When a wrongful death occurs, the deceased is often survived by at least one family member or relative, such as a spouse, children, siblings, and/or parents.  In wrongful death cases, there are often the questions of who is allowed to bring the case and who is allowed to recover the damages which may be owed by the at-fault party or parties.

Who Can Recover for Wrongful Death in Tennessee

When an individual dies, there can be only one case or lawsuit commenced for a Tennessee wrongful death, even if the deceased is survived by multiple relatives.  Who is entitled to recover for wrongful death is determined by intestate succession.  It is important to understand your rights when the untimely death of a loved one strikes.

Death of a Married Adult with no Children

Under Tennessee law, if the person who was wrongfully killed had a spouse at the time of his or her death, it is the spouse who is entitled to commence a wrongful death action and recover any damages.  In cases where the spouse was wrongfully killed after a divorce action has already been filed, the surviving spouse still has the right to wrongful death damages provided that the divorce has not been granted by the court at the time of death.

Death of a Married Person with Children (including children from a previous marriage)

In this case, the money recovered is divided between the surviving spouse and the children.  The surviving spouse receives an equal share with the children or one-third, whichever is greater.

Wrongful Death with Surviving Children Only

If at the time someone is wrongfully killed, they had no spouse, but they did have a child or children (either adult or minor), then the child or children are entitled to bring a wrongful death action and recover the damages.  If the unmarried person had more than one child at the time of their wrongful death, then all the children must share in the wrongful death recovery equally.

Death of an Unmarried, Childless Adult or Minor

When a person dies without leaving either a spouse or children alive, the person’s parent or parents is entitled to bring the wrongful death action.  Even if the parents are divorced, the parents must share the wrongful death proceed equally (despite any custody arrangements).  Adoptive parents can also recover provided the child was legally adopted.  In addition, Tennessee law allows the parent of a “fetus that was viable at the time of injury” to bring a wrongful death action for the wrongful death of the fetus.

An exception to when a parent can recover money for wrongful death of a child is if they owe back child support.  They will only be able to recover once the arrearages have been paid with interest.  Additionally, if the parent who has been required by the court to pay child support refuses or neglects to pay for at least two years, or for the life of the child, whichever is less, and has not contacted or exercised visitation for that period, he or she cannot recover any damages for the wrongful death of that child.

We understand that this is a complex area of law and it is difficult to discuss immediately after the death of a loved one.  Please contact one of our compassionate Tennessee wrongful death attorneys today to discuss your rights.

Death of an Unmarried Adult without Children or Parents

In this case, money recovered in a wrongful death lawsuit will be divided equally between the decedent’s siblings.

Do you have further questions? Please do not hesitate to contact one of our experienced Tennessee wrongful death attorneys to discuss your claim with you.

Here at Bailey and Greer, PLLC our Tennessee wrongful death attorneys understand how to effectively pursue your claims.  Our legal team has a proven track record of compassionately representing our clients injured in Tennessee personal injury cases which is included in our testimonials page and our successful case results.  Please contact us today to receive your free case evaluation by dialing 901-680-9777.