Articles Tagged with Tennessee wrongful death lawyer

My dad was killed in a truck accident.  My mother filed a lawsuit and recovered a large amount of money.  What happens to that money?

 

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.  The law of intestate succession is described below.

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

My husband was killed in a car wreck.  What damages am I entitled to receive from the person who caused the wreck?

 

These are the types of damages that can be recovered in Tennessee : (a) medical expenses for treatment of the injuries that resulted in death; (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. In cases involving the death of a child, the parents can recover damages for the loss of love, society and affection of their child. Each of these types of damages are included in the definition of the “pecuniary value of life.”

My brother was killed in a motorcycle accident.  He was not married and has no children.   Our father is alive, but my mother is not.  Our father simply doesn’t have the emotional strength to file a lawsuit over the death of his son, but we cannot let my brother’s death go without holding the truck driver who killed him responsible.  Do I have a right to file a wrongful death lawsuit for the death of my brother?

Only if you are named the executor in your brother’s will or are appointed the administrator of his estate by the court.

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