Memphis Wrongful Death Lawyer

What To Do After the Death of a Loved One

When someone dies from injuries received from another (usually a criminal act), or when someone dies because of someone’s wrongful act, omission, or negligence, their surviving family may be able to file a wrongful death lawsuit to recover financial compensation. If the individual would have had cause to file a personal injury lawsuit had they not died, the right to file a claim falls to their surviving spouse. If no surviving spouse, then to their children, next of kin, or parents.

If your loved one was wrongfully killed, you may be able to file a wrongful death lawsuit to recover compensation. Contact Reaves Law Firm to learn more.

Tennessee Code 20-5-106

Title 20 of the Tennessee Code discusses civil procedure, while Chapter 5 specifically addresses abatement and survival of actions. It is in 20-5-106[1] that the Tennessee Code addresses injuries resulting in death, the succession to cause of action, and beneficiaries who are minors or legally incompetent. The statute has three sections, A-C:

  • Section A: Lists those who have the right to file wrongful death actions.
  • Section B: Addresses cases in which the beneficiary is a minor, and when setting up a trust to hold the wrongful death damages until the beneficiary comes of age.
  • Section C: Expands the definition of “person” to include fetuses that are viable at the time of injury.

Tennessee Code 20-5-107

Section 107 of the Tennessee Code of Civil Procedure addresses prosecution of action by a representative or surviving spouse of the next of kin[2]. This section of Tennessee’s wrongful death law goes into detail about who can institute a wrongful death action and the role of child support in these cases. Parents who either intentionally refuse or neglect to pay child support may not be able to recover wrongful death compensation until the support is paid.

Damages Recoverable in Wrongful Death

According to 20-5-113[3], the party filing a lawsuit in a wrongful death case has the right to recover for:

  • Mental suffering
  • Physical suffering
  • Loss of time
  • Loss of necessary expenses
  • “Damages resulting to parties for whose use and benefit the right of action survives from the death consequent upon the injuries received.”

Wrongful death can result from car accidents, accidents at the workplace, medical mistakes, and more. Whatever caused the wrongful death of your loved one, we are here to be your voice. Contact Reaves Law Firm today and we’ll provide you with a free initial consultation so you can learn your legal rights and options.

Resources


[1] http://law.justia.com/codes/tennessee/2010/title-20/chapter-5/20-5-106

[2] http://law.justia.com/codes/tennessee/2010/title-20/chapter-5/20-5-107

[3] http://law.justia.com/codes/tennessee/2010/title-20/chapter-5/20-5-113

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