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Articles Tagged with who has the right to file a wrongful death case

 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.

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:

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