Can I Bring A Wrongful Death Lawsuit on Behalf of My Deceased Brother?
My 22 year-old brother died in a car accident in Clarksville, Tennessee after being hit by a drunk driver. Do I have a right to sue for his death?
Here is the answer under Tennessee wrongful death law:
If your brother was married his wife would have the primary right to bring suit for her husband's wrongful death.
If your brother was not married but had one or more children, the child or children would have the primary right to bring suit. Obviously, any child would be a minor and an adult would have to bring suit on behalf of the child or children. That adult could be you, with court permission.
If your brother left no wife and no children, your parents (or either of them) would have the right to file suit.
If your brother left no spouse, no children, and was pre-deceased by his parents, his siblings (including you) would have the right to file a lawsuit.
Finally, even if your brother had a spouse, one or more children, and his parents were still alive you might be able to file suit if you were named the executor of his estate in his wife.
An experienced Tennessee wrongful death lawyer can help guide you through this process.
