Tennessee Injury Law Center : Lawyers for Personal Injury and Wrongful Death : Serving Memphis, Nashville, Knoxville

I think my brother killed our mother.  She was living alone in the family home and was found murdered.  Because of a history of trouble between our mother and my brother, both my sister and I think he killed her.  Can we sue him?

Under Tennessee law, your brother could be sued for wrongful death even if he has not yet been charged, tried, or convicted of the crime of murder. Murder in criminal law would be “battery” under the civil law, and a civil law suit for battery can be filed even if the criminal charges have not been filed.  Damages that can be sought  for battery include compensatory damages and punitive damages.

In fact, under Tennessee law a person can be found innocent of murder in a criminal case and still be successfully sued for battery arising out of the same incident. Why? Because in a civil wrongful death case the person bringing the lawsuit must only prove the that the defendant killed the decedent by a preponderance of evidence (that is, more likely than not). In a criminal case the State must prove beyond a reasonable doubt that the defendant murdered the decedent. Thus, the criminal court  jury could conclude that the State did not prove what it needed to send the defendant to prison but the civil court jury could conclude that more likely than not the defendant killed the decedent and award damages. 

Any claim you and your sister want to bring for battery must be filed in court within one year from the date your mother first received the injuries that led to her death.  

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I think my brother killed our mother.  She was living alone in the family home and was found murdered.  Because of a history of trouble between our mother and my brother, both my sister and I think he killed her.  Can we sue him?

Under Tennessee law, your brother could be sued for wrongful death even if he has not yet been charged, tried, or convicted of the crime of murder. Murder in criminal law would be “battery” under the civil law, and a civil law suit for battery can be filed even if the criminal charges have not been filed.  Damages that can be sought  for battery include compensatory damages and punitive damages.

In fact, under Tennessee law a person can be found innocent of murder in a criminal case and still be successfully sued for battery arising out of the same incident. Why? Because in a civil wrongful death case the person bringing the lawsuit must only prove the that the defendant killed the decedent by a preponderance of evidence (that is, more likely than not). In a criminal case the State must prove beyond a reasonable doubt that the defendant murdered the decedent. Thus, the criminal court  jury could conclude that the State did not prove what it needed to send the defendant to prison but the civil court jury could conclude that more likely than not the defendant killed the decedent and award damages. 

Any claim you and your sister want to bring for battery must be filed in court within one year from the date your mother first received the injuries that led to her death.  

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I think my brother killed our mother.  She was living alone in the family home and was found murdered.  Because of a history of trouble between our mother and my brother, both my sister and I think he killed her.  Can we sue him?

Under Tennessee law, your brother could be sued for wrongful death even if he has not yet been charged, tried, or convicted of the crime of murder. Murder in criminal law would be “battery” under the civil law, and a civil law suit for battery can be filed even if the criminal charges have not been filed.  Damages that can be sought  for battery include compensatory damages and punitive damages.

In fact, under Tennessee law a person can be found innocent of murder in a criminal case and still be successfully sued for battery arising out of the same incident. Why? Because in a civil wrongful death case the person bringing the lawsuit must only prove the that the defendant killed the decedent by a preponderance of evidence (that is, more likely than not). In a criminal case the State must prove beyond a reasonable doubt that the defendant murdered the decedent. Thus, the criminal court  jury could conclude that the State did not prove what it needed to send the defendant to prison but the civil court jury could conclude that more likely than not the defendant killed the decedent and award damages. 

Any claim you and your sister want to bring for battery must be filed in court within one year from the date your mother first received the injuries that led to her death.  

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 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?

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My brother killed our mother.  My brother and I are her only children.  Can I sue him? 

Under Tennessee law someone has the right to sue your brother and it might be you.  The act of murder under the criminal law is known as "battery" in the civil law.  One who commits an act of battery must pay damages for the harm he or she causes.

Your father would have the right to file suit assuming he is still alive and was married to your mother at the time of her death.

If your father predeceased your mother or was not married to her at the time of her death, you would have the right to file suit against your brother unless your mother had re-married at the time of her death.  If she had remarried, her husband would have the primary right to file suit.  

The fact that your father or your mother's husband may have the principle right to file suit doesn't mean that you do not share in the recovery.  In this situation under Tennessee law, you would be entitled to 50% of any recovery they are able to recover.

If your mother was not survived by a husband, you would have the right to file suit and would be able to keep 100% of any recovery.  

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My neighbor and I have been fighting about my dog for years.  My dog stayed in my yard, but it barked a lot because the kids in the neighborhood would torment it.  

Anyway, I woke up this morning and my dog was dead.  I looked in his dog bowl and there was some substance mixed in with the food.  I took it to my vet and she said that the substance was rat poison and that  my dog ate it and bleed to death internally.  

I asked my neighbor about it and he just laughed.  I went to the hardware store in town and the lady that owns it said my neighbor was in there two days ago and bought some rat poison.

Can I sue him?  I loved my dog and I don't think it is right that my neighbor killed it.

Yes, you can sue for the loss of your dog.  To win your case, you have to be able to prove more likely than not that your neighbor killed your dog.  You then must be able to prove the value of your dog.  

Tennessee law also permits you to recover up to $5000 for the compensation for the loss of the reasonably expected society, companionship, love and affection of your dog when the dog's death occurs under the circumstances you have described.   The recovery of this type of damage is permitted by T. C. A. Sec. 47-14-403.

There are a couple of other relevant factors for you to consider.   You must prove not only that your neighbor killed put poison in your dog's food  but  also how the dog died.  This will require proof from your vet. You may have to reimburse your vet for her time in coming to court to testify, and that may be expensive.

Second, it makes little sense to sue someone who does not have the ability to pay the money you can win if you are successful in your case.  In other words, make sure that the person you sue has the resources to pay.

Finally, you may have difficulty finding lawyer to help you in this matter and, if you do, it may cost you more money that it is worth to pursue this case.  Make sure you understand what.it will cost you to pursue this case before you file a lawsuit.

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Who receives the damages recovered in a successful wrongful death lawsuit in Tennessee?

Generally speaking, damages for the personal injury claim (the claim that arises from the period of time between the injury and the death) are distributed under the will of the decedent and, if there is no will, under the law of intestate succession.

Funeral expenses are re-paid to the person who paid the funeral bills.

Medical expense monies generally must re-paid to the person or insurance company (or government entity) that paid the medical bills.

Damages awarded for the wrongful death portion of the award are generally divided between the “beneficiaries” under the law of intestate succession. For example, in a lawsuit where the decedent leaves a wife and two children behind, each of the three are “beneficiaries” under the law and each receives one-third of the pecuniary loss.

If the decedent left a wife and three children, the wife would receive 1/3 of the recovery and each child would receive an equal share of the remaining two-thirds.

If the decedent left no spouse and four children, each child would receive an equal share. If the decedent left no spouse and no children, the decedent’s parents would each receive 50% of the money.

If the decedent left no parents, spouse or children, the decedent’s siblings would split the money equally.

There are several exceptions to these general rules. For example, a parent that refused to support a minor child may lose rights to collect money if the child becomes a wrongful death victim. Likewise, a person who murders another person cannot be a wrongful death beneficiary. An experienced lawyer can help you understand the rules of distribution of wrongful death proceeds.

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Who has the right to file a wrongful death lawsuit in Tennessee? 

Generally speaking, these are the rules for who may file a wrongful death lawsuit inTennessee:

• A lawsuit for the death of a husband can be filed by his wife, his executor or the administrator of his estate.
• A lawsuit for the death of a wife can be filed by her husband, her executor, or the administrator of her estate.
• If a person is single at the time of his or her death, the lawsuit can be maintained by his or her adult children or, if there are no adult children, by his or her parents. The lawsuit can also be filed by an executor or administrator.
• If a person is a single minor at the time of death, the lawsuit can be maintained by his or her parents. If the parents are divorced, special rules apply. The lawsuit can also be filed by an administrator.
• If the decedent did not leave a spouse or child and was predeceased by his or her parents, the law permits a sibling to file suit. The lawsuit can also be filed by an executor or administrator.
• There are exceptions to these general rules. An experienced wrongful death lawyer can explain whether an exception is applicable if he or she is advised of the nature of the family situation.

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My wife was hurt in a car wreck in Middle Tennessee on June 21, 2011 and died in the hospital two days later.  What is my deadline for filing a lawsuit against the driver who caused the wreck?

Unless a lawyer familiar with all of the facts advises you to the contrary,  you should assume that you must file suit a lawsuit against the responsible parties before the one-year anniversary of the wreck.  

In some states the date of death triggers the start of the time period to take legal action. That is usually not so in Tennessee.   Thus, to be safe work under the assumption that the one-year period starts to run from the date of the original injury that later resulted in death.

Of course, you should not wait that long to contact a lawyer.  Valuable evidence can be lost as time passes, and delay increases the possibility that all at-fault parties will not be timely identified and located.

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 My husband was hurt in a car wreck in Tennessee on November 19, 2010 and died in the hospital on December 21, 2010.  What is my deadline for filing a lawsuit against the driver who caused the wreck?

Unless a lawyer familiar with all of the facts advises you to the contrary,  you should assume that you must file suit a lawsuit against the responsible parties before the one-year anniversary of the wreck.  

In some states the date of death triggers the start of the time period to take legal action.  That is usually not so in Tennessee.   Thus, to be safe work under the assumption that the one-year period starts to run from the date of the original injury that later resulted in death.

Of course, you should not wait that long to contact a lawyer.  Valuable evidence can be lost as time passes, and delay increases the possibility that all at-fault parties will not be timely identified and located.

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My 25 year old brother from Lebanon, Tennessee was killed in a car wreck in Tennessee. Some people have said that an estate must be opened and that an executor or administrator has to be appointed by the court in able to file a wrongful death lawsuit.  Is that true?

Not necessarily, but it may be required depending on other facts that you have not shared with me.

Generally speaking, these are the rules for who may file a wrongful death lawsuit in Tennessee:

• A lawsuit for the death of a husband can be filed by his wife, his executor or the administrator of his estate.
• A lawsuit for the death of a wife can be filed by her husband, her executor, or the administrator of her estate.
• If a person is single at the time of his or her death, the lawsuit can be maintained by his or her adult children or, if there are no adult children, by his or her parents. The lawsuit can also be filed by an executor or administrator.
• If a person is a single minor at the time of death, the lawsuit can be maintained by his or her parents. If the parents are divorced, special rules apply. The lawsuit can also be filed by an administrator.
• If the decedent did not leave a spouse or child and was predeceased by his or her parents, the law permits a sibling to file suit. The lawsuit can also be filed by an executor or administrator.

So, if your brother was married at the time of his death his wife would have the primary right to bring the lawsuit.  If not, the primary right would go to his parents because, obviously, your 25 year old brother did not have any adult children.   If your parents predeceased or your brother or if they don't want to pursue a case, a sibling can bring the case or an executor or administrator can be appointed to bring the case.

Remember that the right to bring the case does not necessarily include the right to receive money in the case.  The right to receive money from a successful wrongful death lawsuit is governed by a different law.  Go here to learn more about this area of Tennessee law.

Also remember that under Tennessee law a wrongful death case must be filed within one year of the date of the incident causing the death.  

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I am thinking about filing a personal injury case.  I think I have a solid case that the insurance company will be afraid to try in front of a jury.  Are insurance companies afraid to try cases?

Not really.  For the typical insurance company, the analysis is all about money.  

In other words, insurance companies evaluate risk.  At the end of the day, they determine whether they will likely win a case or lose a case.  They look at how much a jury might award, how much a jury is likely to award, and how little a jury might award.  They have lots of statistics from which to make this judgment, and they often have very good lawyers help them evaluate a case.

Sometimes their judgment is right.  Sometimes it is wrong.   But at the end of the day, they know that they can solve their mistake of evaluating a case and not offering enough money to settle it by writing a check for more money than they wanted to pay.  They don't like to write the big check, but they are in the risk business and if they are wrong they get out the pen and write the check (after an appeal, etc.)

The evaluation of a case is very complex, and you need an experienced lawyer to guide you through the litigation process.  One factor the insurance company considers in evaluating risk is the quality of lawyer the adversary has hired.  The fact of the matter is that who you hire as a lawyer almost always makes a difference in the recovery you obtain in a case, whether by settlement or a trial.

If you don't know how to select a lawyer in a personal injury or wrongful death case, read here.

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My brother was killed in a wreck with a big truck.  I am named in the will as the executor of his estate and the court has appointed me as the executor.    I want to file a lawsuit against the truck driver and trucking company that caused the wreck, but my brother's wife says she is going to file it.  I don't think my brother's wife should be permitted to file the case because they were not living together at the time of the wreck because she had filed divorce proceedings against him six months earlier.

In Tennessee, both you and your sister-in-law have the right to file suit and if you cannot decide between yourselves who should control the litigation a judge will decide who the best person is to handle the case.   A lawyer who is experienced in wrongful death cases can guide you through this process, help you try to work this matter out with your sister-in-law, and help you persuade the court that you should take the lead on this case.

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My wife was hurt in a car wreck in Tennessee +on December 15, 2009 and died in the hospital on January 21, 2010.  What is my deadline for filing a lawsuit against the driver who caused the wreck?

Unless a lawyer familiar with all of the facts advises you to the contrary,  you should assume that you must file suit against the responsible parties before the one-year anniversary of the wreck.  

In some states the date of death triggers the start of the time period to take legal action.  That is usually not so in Tennessee.   Thus, to be safe work under the assumption that the one-year period starts to run from the date of the original injury that later resulted in death.

Of course, you should not wait that long to contact a lawyer.  Valuable evidence can be lost as time passes, and delay increases the possibility that all at-fault parties will not be timely identified and located.

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I was hurt in a car wreck six months ago.  It wasn't my fault.  I have been waiting for over a year for the case to settle.  I lost three months of wages and have had to pay some medical bills that were not covered by my health insurance.  Can I get the insurance company to pay interest on my settlement?  It doesn't seem fair that they can delay my settlement and not have to pay interest.

Not under Tennessee law.   Tennessee law does not permit the recovery of interest in personal injury or wrongful death lawsuits.  

The only exception to this rule is if you win a case and a judgment is entered by the court you are permitted to recover interest.  Interest accrues at the rate of 10% per year on the amount of the judgment that is unpaid.  

For example, if you win a judgment of $365,000 at a jury trial in Tennessee you are entitled to collect interest of $100 per day from the date of the jury verdict until the date the judgment is paid.  If a partial payment of the judgment is made the interest is payable only on the unpaid portion of the judgment.  (Note:  you have to pay income taxes on the interest that you are paid.  Be sure to talk with you tax advisor about this.)

The inability to collect interest on personal injury and wrongful death lawsuits (unless a judgment is entered) is yet another reason why you want to hire a lawyer who will work to finish your case promptly.  

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My husband was killed in a car wreck by a drunk driver.  What damages can be recovered by me and our children?

These are the types of damages that can be recovered: (a) medical expenses; (b) funeral bills; (c) conscious pain and suffering from the date of the injury until the date of death; (d) loss of enjoyment of life between the date of injury and death; (e) loss of earning capacity between the date of injury and death; and (f) the pecuniary value of life.

In all cases, the pecuniary value of life includes the present value of the decedent’s lost future earning capacity less those living expenses necessary to maintain the decedent’s person so that they can work. In cases involving the death of a spouse, the surviving spouse can recover damages for the loss of consortium of the decedent. In cases involving the death of a parent, the children can recover damages for the loss of love, society, affection and guidance of the parent.. Each of these types of damages are included in the definition of the “pecuniary value of life.”

An experienced wrongful death lawyer can help you evaluate and prosecute this case so that you and your children can achieve justice in this case.

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 I have a personal injury case going to try in Cookeville, TN next month.  How many jurors need to vote for me for me to win?

You will probably have a 12-person jury.  That is the typical number of jurors in a civil jury trial in Tennessee.  You and your opponent may agree to a lesser number of jurors, but you will almost certainly have 12 jurors (and one or more alternate jurors) hear the case.

All twelve jurors must vote for you for you to win the case.  Some states permit a lesser number (10 of 12, 9 of 12) but in Tennessee the jury verdict must be unanimous unless the parties to the lawsuit agree on that the verdict may be something other than a unanimous verdict.  For obvious reasons, the defense will rarely agree to such a proposal.

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I was in a car wreck last week.  I was hurt pretty bad.  I got home from the hospital last night and a lawyer called me and said that he wanted to represent me in my case.  I have no idea who this guy is or how he got my name and telephone number.  Nobody in my family has ever heard of him.  Can he call me like this?  Should I hire him?  He said he could get me a lot of money.

This lawyer is a scumbag - not only should you not hire him but you should report him to the Tennessee Board of Professional Responsibility.  Rule 7.3(a) of the Rules of Professional Conduct says this about soliciting a potential client by telephone:  "(a) If a significant motive for the solicitation is the lawyer’s pecuniary gain, a lawyer shall not solicit professional employment by in-person, live telephone, or real-time electronic contact from a prospective client who has not initiated the contact with the lawyer and with whom the lawyer has no family or prior professional relationship."  The Comment to the rule explains why is exists:

[1] There is a potential for abuse inherent in direct in-person or live telephone contact by a lawyer with a prospective client known to need legal services. These forms of contact between a lawyer and a specifically targeted recipient subject the layperson to the private importuning of the trained advocate in a direct interpersonal encounter. The prospective client, who may already feel overwhelmed by the circumstances giving rise to the need for legal services, may find it difficult fully to evaluate all available alternatives with reasoned judgment and appropriate self-interest in the face of the lawyer’s presence and insistence upon being retained immediately. The situation is fraught with the possibility of undue influence, intimidation, and overreaching.

A lawyer who engages in this conduct is subject to various types of discipline and, in fact, risks loss of his or her license to practice law.

So, why should you care?  I mean, you just need a lawyer, and if the lawyer has undertaken the initiative to seek you out, didn't that just make your job easier?

Here is why you should care.  Every law student is taught that this lawyer cannot do what he did. The prohibition is reinforced in legal seminars for practicing lawyers.  So, you have to ask yourself these questions:  If a lawyer is willing to violate the rules of the profession to get my case, why should I believe that he will follow other rules that are designed to protect my interests?  Why should I believe that he will honestly communicate with me?   Why should I assume that a cheater will only cheat once?   Why should I take the risk that he might cheat me?  Why should I take the risk that he might try to cheat my opponent, get caught and hurt my case?

So, don't hire a lawyer who calls you out of nowhere trying to solicit your case.  Instead, read our legal guide "Understanding How to Hire a Lawyer in Personal Injury and Wrongful Death Cases" to learn about the factors you should consider in determining what lawyer to hire for your case.

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I was in a car wreck about 6 months ago.  The other driver admitted fault.  My medical bills are about $25,000.   I have been released by my doctor.  My lost wages are $2000.   How quickly will my case settle?

At the outset you need to understand that your case may not settle at all.  In Tennessee the insurance company does not have a duty to settle your case and in fact does not even owe you a duty to fairly evaluate your case.    It can settle a case, or not settle a case, on whatever schedule it wants to put in place.

However,  if the insurance company wants to settle the case it needs to have information from your lawyer.  At an absolute minimum, the company needs the accident report, your medical records and bills, perhaps some of your previous medical records, proof of lost wages from your employer, and an understanding of how the injuries have impacted your life.  To the extent you claim a permanent injury, future medical expenses, future loss of earning capacity, or other damages, the insurance company will need proof of that.

Lawyers communicate this information by way of a settlement demand.   All of the relevant information is gathered and the important information is highlighted in a letter.  In our office we attempt to gather all of this information before your are released from your doctor (except the final office note) and have a demand package ready to go to the insurance company within thirty days of when medical treatment is complete.  Lack of cooperation from one of the providers of information will affect our ability to get the demand package out on time.

Insurance companies always ask for more time to evaluate the demand package.  Then, the negotiations start and those can last several weeks even if everyone agrees that the case should be settled.

So, the short answer to your question is there are too many variables to say if your case will be settled and how quickly it will be settled.   It is fair to say that a case cannot settle if your attorney does not promptly gather and exchange information with the insurance company.  This is yet another reason to hire an experienced personal injury lawyer who will aggressively pursue your rights.

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My dad was dropped in a nursing home.  He broke his hip.  He never recovered from it and died two months later.   Do we have a wrongful death case or a personal injury case?

First, no one can tell you if you have a case at all without doing an investigation into the circumstances of the fall.

Second, if you do have a case, it will only be a personal injury case unless a doctor will testify that more likely than not the death was a result of the fall.   To make this determination, a doctor will need to review your father's medical records.  An autopsy may also be necessary.

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My wife was killed in a tractor-trailer wreck.   The wreck was not her fault.  What is this case worth?

That question is impossible to answer without a great deal more information.   Was your wife working outside the home?   What was her income?  What was her age?  What was her state of health before the wreck?   How many children does she have?   Do any of those children have special needs that required her to play a bigger role in their lives after they reached the age of 18 than the ordinary adult child?  

These and many, many more questions must be answered before any lawyer can give you a reasoned opinion on the value of a wrongful death case.  

To learn more about the law of wrongful death in Tennessee, read our legal guide "Understanding Wrongful Death Cases in Tennessee."

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My brother got killed in a car wreck.  Can I file a wrongful death lawsuit for him?

You can file a wrongful death lawsuit for your brother under only limited circumstances.  First, if you are named the executor of his will you have the right to file suit.  Second, if the court names you the administrator of your brother's estate you will have the right to file suit.  Third, if you brother was not married, had no children, and your parents are dead you would be considered "next of kin" and you would have a right to file suit.  

The right to file suit is different from the right to control the litigation. For instance, if your brother was married and his wife is competent, it is very possible that a court would let your sister-in-law control the lawsuit even if you were named executor of your brother's estate.

The right to file suit is different than the right to receive any money that results from a wrongful death lawsuit.  For example, under Tennessee law, a sibling will receive proceeds from a wrongful death lawsuit only if the decedent was unmarried, had no children and was predeceased by his parents.

All of this can get a little complicated.  An lawyer who has experience with wrongful death claims can guide you through the process.  Under Tennessee law, you should assume that a wrongful death claim must be filed within one year of the date of the injury that later results in death unless and until a lawyer familiar with all of the facts tells you that you have more time.

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I was hurt in a head-on automobile accident.  The driver that crossed the centerline and hit me died in the wreck.   Do I have legal rights against him even if he is dead?

Yes.   Although you can't sue someone who is dead, you can sue his estate.   If an estate is not opened for him, you (through your lawyer) can petition the court to have an estate opened so that you can sue it and collect the monies you are entitled to recover.

The fact that the person who hit you died does not relieve his insurance company of the obligation to defend the case and pay the monies to you that you are entitled to receive under the law (up to the liability insurance policy limits). 

An experienced personal injury lawyer will know how to help you through this process.   Remember that in Tennessee a personal injury claim must be filed against the responsible people within one year of the date of the accident.   Under these circumstances you will need act even more promptly than usual because the lawyer you hire will need to do extra work to get an estate opened for the decedent so that suit can be filed within one year of the date of the accident.

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The police accident report says that I was not at fault in my wreck and that the other driver was at fault.  Can I used the police report as evidence at a trial to prove the wreck was not my fault?

Not in Tennessee state court.  A rule of evidence specifically excludes police accident reports from the types of public records that can be admitted into evidence at trial to show how an accident occurred.

Why?  Because unless the officer actually saw the accident the police report is only the officer's opinion about what happened.  That opinion may be based on solely on whether the officer believes one person or the other and may have little value in determining what actually happened.  

A police officer who see a wreck can be asked to testify about what he or she saw.  He or she can also be asked about what the people involved in the lawsuit said after the wreck and about measurements taken at the scene of the wreck.   But the police report cannot be introduced into evidence absent extraordinary circumstances, whether the officer is there or not.

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I was in a bad car wreck.   I had $50,000 in medical bills and missed eight weeks of work  (I make $800 per week as a mechanic).   I am probably going to have to have another surgery.  My doctor also says I will have arthritis for the rest of my life.   I just found out that the person who hit me only has $100,000 of liability insurance.   That is not enough for what he did to me.   Can I force the person who caused the wreck to pay me out of his pocket?

A person or company is always liable for all of the harm they negligently cause.  A person purchases insurance to reduce his or her own risk of coming out of pocket to pay for that harm, but if the harm caused exceeds the amount of insurance purchased he or she is liable for the rest.  

The problem, of course, is collecting from a person who causes harm.  To make a payment to the injured person over and above the amount of insurance the person who causes harm must have assets, income, or both.   Many people have very few assets and insufficient income to make a payment to the person who they hurt.   If pressed, these people will often just file bankruptcy and the bankruptcy court will discharge the obligation.   (There are some exceptions to this.  For example, the bankruptcy court will not discharge the lawsuit-related obligation of a drunk driver or a person who intentionally harms another.) 

An experienced personal injury lawyer will help you evaluate the factors you should consider in determining how hard to press the defendant to make a personal contribution over and above the liability insurance policy available for the claim.

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My child was killed by a drunk driver.   He was 10 years old. I want to file a lawsuit.  His no-good father, who never paid child support as ordered by the court and did not visit my son for the for the five year period after our divorce, says he is going to file a lawsuit, too.   Can he do that?  Does Tennessee law permit him to get money from the death of our son when he had nothing to do with our son when he was alive?

Unless you have some physical or mental health issue that you have not mentioned, you will have the right to bring the lawsuit. 

Tennessee law provides that a parent who has a parent who has intentionally refused or neglected to pay any support for a child for a two-year period, or for the life of the child, whichever is less, when subject to a court order requiring the payment of child support and who has intentionally refused or neglected to contact the child or exercise visitation during such period is not permitted to recover damages for the death of the child.  Thus, to cut off the father's right to money out of any recovery you make, you will have to demonstrate that (a) there was a child support order; (b) the father intentionally did not pay for at least 2 years; and (c) he intentionally did not visit the child.

At an absolute minimum you will be able to recover your unpaid child support.  Tennessee law provides that parent cannot recover damages from a wrongful death suit  until all child support arrearages have been paid in full to the parent ordered to receive the support (plus interest).    Thus,  if your child's father had visited your child within the last two years or but had not been paying child support he would have to re-pay you out of the any portion of the money he was entitled to receive.

An experienced wrongful death lawyer can help you navigate through these issues.

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 My brother died in a wreck after his car was hit by a tractor-trailer.  He is unmarried and has no children.  Can I file a lawsuit?

Yes, if you are named the executor in his will or you apply to the court and get named as the administrator of his estate.   

The damages you recover in the case will go to your parents if they are still alive.  If they are not alive, the damages would be divided equally between your siblings.

To learm more about wrongful death damages read this article.

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