Wrongful Death Legal FAQs

1. If I lost a loved one, for example, my wife, from a personal injury as a result of someone else's wrongful act, fault or ommission, can I recover for her wrongful death?

2.How long do I have to institute an action for wrongful death?

3. What damages are recoverable in a wrongful death?


1. If I lost a loved one, for example, my wife, from a personal injury as a result of someone else's wrongful act, fault, or omission, can I recover for her wrongful death?
Yes, a spouse has a statutory right of action in Tennessee for the wrongful death of a husband or wife. A child may also recover for the loss of a parent or a parent for the loss of a child.

2. How long do I have to institute an action for wrongful death?
In Tennessee, an action for personal injuries resulting in death is barred by the statute of limitations, unless commenced within one year from the date of the injury or, in the case of a minor, within one year from their 18th birthday.

3. What damages are recoverable in a wrongful death?
The law allows the party suing, if entitled to damages, for the wrongful death to recover for the physical and mental suffering, loss of earnings, and necessary expenses resulting to the deceased from the personal injuries prior to his death, such as medical bills. Recovery for the surviving relatives is based on the pecuniary value of the life of the deceased based upon life expectancy, age, health, capacity for labor and for earning money, less what the deceased would have needed to spend for his own benefit. Your attorney will help you determine those elements of damages that are applicable.