Losing a loved one is highly traumatic, especially when someone else’s negligence caused their death. In Tennessee, the law allows certain individuals to file a wrongful death claim.
Wrongful death claims can provide compensation and help hold the responsible party accountable. Who can file a wrongful death claim?
Spouses have the first right
In Tennessee, the surviving spouse has the first right to file a wrongful death claim. This applies whether the marriage was recent or long-term. If the spouse does not file, the right may pass to other eligible family members.
Children and parents may qualify
If there is no surviving spouse, the deceased person’s children can usually file the claim. This includes both biological and adopted children. If the person had no spouse or children, the right may pass to the deceased’s parents.
Representatives of the estate can file
When no immediate family member is available or willing to file, the personal representative of the deceased’s estate may do so. This person is usually named in the will or appointed by the court. Any compensation goes to the estate and is distributed according to the law.
Tennessee has a one-year deadline for filing a wrongful death claim. This is called the statute of limitations. If you do not file within that year, you may lose the right to seek compensation.
Timing is crucial in wrongful death claims, as there is only a year from the death to act. If you think you may be eligible to file a claim, you might want to seek legal guidance. This will help you understand your rights and take action within the appropriate timeframe.