Death Cases

November 15, 2012

How Is the Recovery of Money From A Tennessee Wrongful Death Lawsuit Distributed to Family Members?

The distribution of the monies received in a successful Tennessee wrongful death case is described in this post.

Funeral expenses are re-paid to the person who paid the funeral bills. (Note: the actual law on this issue is a little unclear, but this is what generally occurs.)

Medical expense monies generally must re-paid to the person or insurance company (or government entity) that paid the medical bills. (Once again, there are some who take a different position on this issue, depending on who paid the bills, but this is what generally occurs.)

July 17, 2012

Personal Injury and Wrongful Death Lawsuits Against the State Of Tennessee

by The Law Offices of John Day, P.C.

Suing the State of Tennessee in a personal injury or wrongful death case is different than suing a person or business in a personal injury case. Here are some of the major differences:

1. Formal notice must be given before a lawsuit is filed with the Division of Claims Administration. Failure to give written notice in the correct way will result in the loss of the right to bring a claim. Notice typically must be given within one year of the date of the incident causing injury or death, although this area of the law is very complicated. The actual deadline that applies in your case should be determined by an experienced Tennessee personal injury and wrongful death lawyer who has been made aware of all of the facts.

2. After notice is filed, the injured person must wait 90 days before taking other legal action. The State may settle or deny the claim during this 90-day period. (I have filed claims against the State of Tennessee many times over my 30+ years as a lawyer and they have never settled a claim in this 89 day period.) If the claim is not settled or denied, proper papers must be filed with the Tennessee Claims Commission.

February 10, 2012

Deaths from Tennessee Car and Truck Accidents Decline

by The Law Offices of John Day, P.C.

Tennessee has seen a decline in the number of deaths from car and truck accidents.

Recently released statistics reveal that the number of people killed on Tennessee roads decreased from 1032 in 2010 to 946 in 2011, a drop of almost 9%.

Traffic fatalities were down in most counties in Middle Tennessee. In fact, the only counties that saw in an increase in the number of deaths in traffic accidents were Williamson County (up 3 from 6 deaths to 9), Wilson County (up 6 deaths from 15 to 21), Rutherford County (an increase in one fatality from 20 to 21), Houston County (a significance increase – from 1 to 3); and Coffee County (deaths doubled from 8 to 16). Lawrence County reported the biggest increase in traffic deaths in terms of raw numbers, from 4 to 14. Giles County County increased from 7 deaths to 10 and Maury County increased from 10 to 14 fatalities.

December 16, 2011

I Think My Brother Killed Our Mother. Can I Sue Him?

by The Law Offices of John Day, P.C.

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.

December 5, 2011

Can I Bring A Wrongful Death Lawsuit on Behalf of My Deceased Brother?

by The Law Offices of John Day, P.C.

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.

October 31, 2011

Can I Sue a Murderer?

by The Law Offices of John Day, P.C.

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.

October 20, 2011

My Neighbor Killed My Dog!

by The Law Offices of John Day, P.C.

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.

August 30, 2011

Division of Money Won in A Wrongful Death Settlement in Tennessee

by The Law Offices of John Day, P.C.

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.

August 29, 2011

Tennessee Wrongful Death Lawsuits

by The Law Offices of John Day, P.C.

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.

August 23, 2011

How Much Time Do I Have To File A Lawsuit After The Death of My Wife In A Car Wreck?

by The Law Offices of John Day, P.C.

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.