Wrongful Death

A wrongful death lawsuit is a legal action that is brought when someone dies because of another person or entity’s negligence, recklessness, or intentional act. The purpose of this type of lawsuit is to seek justice and compensation for the losses suffered by the surviving family members of the deceased. In other words, if a person loses their life because of someone else’s fault—whether it’s in a car accident, medical malpractice, or any other situation where someone else is to blame for a death—the family has the right to file a wrongful death lawsuit. This lawsuit can help cover things like medical bills, funeral costs, lost income, and the emotional pain and suffering that comes with losing a loved one.

It’s important to note that a wrongful death lawsuit is not a criminal case. It’s a civil action, which means that its purpose is to get financial compensation for the remaining family members, rather than to punish the person who caused the death. A civil action can be brought in addition to a criminal charge. However, the determination of whether a criminal charge is brought is left to the prosecutor’s office. You can file a wrongful death lawsuit irrespective of whether criminal charges has been, or will be brought. 

If you or someone you know has lost a loved one and believe that another person or business entity is responsible, a wrongful death lawsuit may be a way to seek justice and get the compensation they deserve during this incredibly challenging time. The attorneys at MJ Law have devoted their lives to helping people seek justice, including the loss of the people in our lives who mean the most. They have years of experience handling these types of claims and know how to take this burden off your shoulders while you deal with the fallout from the loss of your loved one.

In Tennessee, the right to bring a wrongful death lawsuit is governed by Tennessee Code Annotated (T.C.A.) § 20-5-106. That statute identifies those individuals who are eligible to file a wrongful death lawsuit. They include:

• Surviving Spouse: The surviving spouse of the deceased has the first right to bring a wrongful death claim. If the deceased was married at the time of death, the surviving spouse is the primary person entitled to file the lawsuit. 
• Children of the Deceased: If there is no surviving spouse, or if the spouse chooses not to bring the claim, the right passes to the deceased’s children or next of kin. This includes both biological and legally adopted children.
• Parents of the Deceased: If the deceased had no spouse or children, the parents of the deceased may bring the wrongful death claim. This typically applies when the deceased was a minor child. 
• Personal Representative: If none of the above individuals exist, or if they do but choose not to bring a claim, the personal representative (executor) of the deceased’s estate can file the lawsuit. The personal representative acts on behalf of the estate and the beneficiaries.

The rules relating to who can file a wrongful death lawsuit are designed to ensure that the closest family members have the first opportunity to seek justice. However, sometimes determining who the “closest family member” is complicated. Every family is different and has different dynamics. If you believe you or someone you know may have standing to bring a wrongful death lawsuit, contact the attorneys at MJ Law to help you determine your rights.

In order to successfully bring a wrongful death lawsuit in Tennessee, certain elements must be established. If you or your attorney cannot prove any one of the elements, the wrongful death claim cannot succeed. Hiring an experience wrongful death lawyer, like those at M|J Law, can help you determine whether you have such a claim. The following are the elements which need to be established:

1. Duty of Care

The first element in a wrongful death claim is proving that the defendant (the person(s) or business entity being sued) owed a duty of care to the deceased. A duty of care is a legal obligation to act in a reasonably safe manner, and to take those actions and/or inactions which prevent harm to others. For example, drivers have a duty to follow traffic laws and drive safely, doctors have a duty to provide competent medical care, and property owners have a duty to maintain their premises in a reasonably safe manner. 

2. Breach of Duty

The next element in a wrongful death claim is to demonstrate that the defendant failed to meet their duty of care (e.g., a driver failing to drive safely, a business owner failing to keep their property safe). When they fail to meet their duty of care, it is considered a “breach.” 

3. Causation

The third element requires that you or your attorney prove that the defendant’s breach of duty caused the death of the deceased. In other words, it must be shown that the death would not have occurred if not for the defendant’s actions and/or inactions. The plaintiff must establish a direct link between the breach of duty and the death of the deceased.

4. Damages

Finally, the plaintiff must prove that the death of deceased caused losses to the surviving family members or the deceased’s estate. Those losses are called “damages” in the law. The damages can include medical expenses, funeral costs, lost wages, and the loss of companionship or support. The purpose of this element is to quantify the harm suffered by the survivors of the deceased.

Nothing is ever going to replace the loss of a loved one. The best thing lawyers can do to bring some semblance of justice is recovering damages which are designed to compensate the family for the financial and emotional losses resulting from the death. While the specific types of damages one may recover will vary depending on the circumstances, the following “damages” are commonly pursued in wrongful death claims:

• Medical Expenses: Wrongful death plaintiffs (potential family members of the deceased discussed above) may recover compensation for medical bills the deceased incurred before their death, including hospital stays, surgeries, and any other medical care related to the injury or illness that led to their passing.
• Funeral and Burial Costs: This includes reimbursement for expenses related to the funeral, burial, or cremation of the deceased.
• Lost Wages: Wrongful death plaintiffs may recover the income the deceased would have earned if they had lived, including wages, salaries, raises, and benefits. This number includes lost wages through the expected work life of the deceased. 
• Loss of Financial Support: These damages are related to the financial support that the deceased would have provided to their family, absent the negligent, reckless or intentional conduct of the defendant(s). This includes the deceased’s contributions to household expenses and any other financial support they would have provided.
• Pain and Suffering: This compensation is related to the emotional pain and suffering experienced by the survivors due to the loss of their loved one. 
• Loss of Companionship: These damages compensate the family for the loss of the deceased’s companionship, love, and affection. For a spouse, it can also include a “loss of consortium” claim, which includes the loss of intimacy. 
• Punitive Damages: In some cases, punitive damages may be awarded. These damages are intended to punish the defendant for particularly egregious conduct and to deter similar behavior in the future. Punitive damages are not awarded in every case and are typically reserved for situations involving gross negligence or intentional misconduct.

The attorneys at MJ Law know that no financial recovery will alleviate your pain. But they stand ready to fight for you so that you may receive some justice – whether that be in Davidson County, Rutherford County, Canon County, Coffee County, or Williamson County. Call us today for a free consultation so that we evaluate your case, identify the types of damages which may be available to you, and guide you through the complex legal process.

In Tennessee, numerous different persons or entities can be held liable in a wrongful death lawsuit, depending on the circumstances that led to the death. One person/entity can be liable, or numerous parties can be liable for the death. Here are some of the parties who may be held responsible:

• Individuals: It seems obvious, but a single individual can be held liable if their actions directly caused and/or contributed to a death. This can include drivers in a car accident, medical professionals (such as doctors, nurses, etc.) who commit malpractice, and property owners if they fail to maintain their property and that failure causes a death (such as in a slip and fall accident). 
• Employers: Additionally, employers can be held liable for wrongful death under the doctrine of respondeat superior (also known as “vicarious liability”), which holds an employer responsible for the actions of their employees if those actions were performed within the scope of employment (e.g., a truck driver causes a fatal accident while on the job).
• Businesses Entities: Businesses and corporations can also be liable if their actions, or the actions of their employees, lead to a wrongful death. For example, if a company manufactured a defective product which caused a fatal injury, that company can be held responsible.
• Government Entities: In some situations, governmental entities can be held liable for wrongful death damages.  Although suing a government entity can be more nuanced and complex than suing a person or business entity, as there are specific rules and limitations which limit the liability of governmental entities and their employees. If you believe a governmental entity or someone acting on their behalf wrongfully caused the death of a loved one, the best thing to do is contact an experience wrongful death attorney to determine whether a lawsuit can be maintained.  

All civil lawsuits have deadlines within which the plaintiff must officially file the lawsuit. The deadlines are firm and can rarely be bypassed. These deadlines are called the “statute of limitations.” The statute of limitations for wrongful death cases is one year from the date of death. If survivors miss the deadline, they may never be able to recover for the loss they have suffered.