By Adam W. Pittman on October 17, 2022
You have one year to file a wrongful death lawsuit according to Tennessee’s wrongful death statute of limitations, TN Code § 28-3-104. This means you generally have one year from the date your loved one passed away to file your lawsuit against the party that harmed them.
Because wrongful death cases can be complex, reaching out to our wrongful death lawyer as soon as possible may benefit you.
What Is a Statute of Limitations?
A statute of limitations is the state-mandated timeframe during which you can file a lawsuit. Such statutes exist for numerous types of cases, including wrongful death.
According to Tennessee’s wrongful death statute of limitations, the clock begins immediately after a person’s death. For example, if your loved one passed away as the result of a workplace or vehicle accident, you have one year from the date of their death to file your lawsuit.
Keep in mind, the date of death may differ from the date of the original accident and injury. You can save time by organizing all medical documentation and accident details from the very beginning.
What Happens If I File After the Statute of Limitations Time Limit?
If you wait too long to file a wrongful death lawsuit, you may be ineligible to receive compensation. With that said, many challenges can occur after the death of a family member, especially if you are the one who is responsible for handling the decedent’s affairs after they are gone.
Contacting an attorney early in the process can allow you time to grieve. A lawyer from our firm can handle the legal details of your case while you focus on your family.
Working with a Tennessee wrongful death lawyer can also help you avoid missing the statute of limitations time limit. Because our attorneys have seen wrongful death cases many times, they know what to expect and how to plan for the legal road ahead.
Are There Exceptions to the One-Year Time Limit?
Although the one-year time limit applies to most lawsuits, there are exceptions that may shorten or extend the Tennessee wrongful death statute of limitations. Our law firm can help you determine which time limit applies to your case.
For a free legal consultation, call 877-562-0000
What Damages Can I Recover After a Wrongful Death?
You can recover a range of damages after a wrongful death in Tennessee. These can help pay for some of the costs associated with your loved one’s passing. Common types of wrongful death damages include:
- Loss of income
- Loss of parental guidance
- Loss of consortium
- Funeral expenses
- Medical care expenses
A wrongful death lawyer from our firm will be able to calculate the cost of your losses to help you recover these damages.
Because of the time limit for filing a lawsuit, you should not delay contacting a legal representative following a wrongful death. Our personal injury lawyers have experience working with wrongful death cases. As such, we can offer personalized guidance for your specific situation.
Who Qualifies for Wrongful Death Compensation?
Tennessee law TN Code § 20-5-107 grants certain family members the right to file a wrongful death lawsuit. The first person with the right to file is the decedent’s spouse, but if there is none, then the right may go to:
- Surviving children
- Surviving next of kin
- Personal representative, executor, or administrator of the decedent’s estate
- Surviving parent or parents
Because it is often surviving family members who have to manage the expenses of a decedent, it is common for wrongful death compensation to go to them for help covering costs.
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What Are Common Causes of Wrongful Death Cases?
Wrongful death cases cover deaths that result from the wrongful act of another party, usually due to negligent or intentional behavior. There are multiple variables that can contribute to a wrongful death case. Some common causes include:
- Car accidents
- Motorcycle, bicycle, and pedestrian accidents
- Commercial trucking accidents
- Medical malpractice
- Workplace accidents
- Defective products or machinery
If you have lost someone you love as a result of another party’s actions, know that you are not alone in pursuing justice. Our wrongful death attorney can help you through this difficult time.
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Discuss Your Situation in a Free Case Evaluation With Our Tennessee Wrongful Death Lawyer
Avoid waiting too long to seek out legal assistance. Instead, call our wrongful death lawyer as soon as possible to discuss your situation in a free case evaluation.
With more than forty years of experience representing injury victims and their families, our team at Cory Watson Attorneys can help you handle the unexpected loss of a loved one. Contact us today to find out what we can do for you.