Who Can File a Wrongful Death Lawsuit in Tennessee?
Each state has its own specific laws and proceedings that apply to wrongful death lawsuits. In Tennessee, claimants have one year from the date of death to initiate a wrongful death action. This is referred to as a statute of limitations and will begin running at the time that the decedent passes on, or from the time that the surviving family member knew (or should have reasonably known) that the death was caused by negligence/wrongdoing.
Listed in order or priority, the following parties can file a wrongful death action in Tennessee:
The surviving spouse
The surviving children
The next of kin
The personal representative of the decedent’s estate
The surviving parents, if the decedent was dependent upon them
The next in line can only file if the party above is ineligible or nonexistent. The surviving children, for example, would only be able to file a wrongful death action if there was no surviving spouse or if the surviving spouse lost his or her right to file.
Call a Wrongful Death Attorney at Our Sevierville Office
Your initial consultation with a legal professional at Andrew Farmer Law is free and confidential. This is your opportunity to find out if you can file a wrongful death action, who may be responsible, what your case is worth, what to expect, and how to proceed. You can count on our honesty and our commitment to pursuing the best possible outcome in your case.