How to File a Tennessee Wrongful Death ClaimLosing a loved one is one of the most tragic events someone can suffer. When the loved one dies through the fault of another, the suffering and emotional pain can be inconsolable. Family members have the right to hold the people and businesses that caused your cherished one’s death accountable. No award can make up for the emotional loss, but experienced Nashville wrongful death attorneys can help spouses, children, and parents get justice for the wrong.

Who can claim wrongful death benefits?

In Tennessee, the following family members are entitled to be compensated for their losses:

  • The surviving spouse has the first right to bring a claim.
  • The surviving children have the next right. If the children are minors, then someone has to be appointed to act on their behalf.
  • If the decedent had no children or was a minor, then the parents can file the wrongful death

An executor named in a will, or an administrator appointed by the court, can file the claim on behalf of any next of kin if there is no surviving spouse, children, or parents.

Damages allowed in Tennessee wrongful death cases

The people responsible for the death of the loved one are required to pay the following damages:

  • The cost of the funeral and burial
  • The loss of income capacity and the loss of life’s enjoyment and pleasures from the date of the wrong until the time of death
  • Any mental anguish suffered by the decedent before death
  • The amount of wages lost, including benefits, that the deceased would have earned had the accident or wrong not occurred
  • The physical and mental suffering family members suffered because of the death
  • The loss of the family member’s love, companionship, and guidance to the extent any value could compensate for the loved one’s being taken

If any sum is due to a minor child, then that sum is normally placed in a trust for the child until he/she reaches the age of majority.

At the Rocky McElhaney Law Firm, our Gladiators in Suits understand just how devastating it is to have the life of a loved one taken prematurely. We work with professionals, including financial experts and people who can explain and quantify the suffering and loss that have occurred. Our Nashville wrongful death lawyers handle wrongful deaths involving car accidents, product defects, slips and falls, and any type of accident that wrongfully caused someone to die. For compassionate help, please call us at 615-246-5549 or fill out our contact form to make an appointment at our Nashville, Gallatin, or Knoxville offices.