Wrongful Death in Tennessee: Who Is Entitled to Compensation?

In Tennessee, wrongful death is defined as death caused by the wrongful act, fault, or negligence of another party. The primary purpose of a wrongful death claim is to provide financial compensation to the surviving family members for their tragic loss. These claims also work to hold the responsible party to full account for their actions.

The Tennessee wrongful death attorneys at The Haynes Firm are wholeheartedly committed to helping the families of wrongful death victims seek justice. We have decades of experience holding negligent corporations, healthcare providers, and private individuals accountable for their actions. We are here to listen to your family’s story, help you understand your rights and options, and assist you in seeking the compensation you deserve.

Call The Haynes Firm at 423-928-0165 to schedule a FREE consultation with one of our Johnson City wrongful death attorneys today. We fight for families living throughout Tennessee.

Who Can File a Wrongful Death Claim in Tennessee?

In Tennessee, the following individuals may be entitled to file a wrongful death claim:

• Surviving Spouse. This includes husbands and wives. It does not include ex-spouses or unmarried domestic partners.
• Children of the Deceased. If there is no surviving spouse, or the surviving spouse forfeits their claim, children—including adopted children—have the right to file a claim.
• Parents of the Deceased. In cases where the victim had neither a surviving spouse nor children, a parent may file the claim.
• Surviving Next of Kin. In some cases, the closest surviving family member will be entitled to file a claim.
• Personal Representative. Under some circumstances, a personal representative of the deceased’s estate may file a claim.

If the person who died was married without children, the surviving spouse is entitled to all the recovery. If the deceased has a spouse and children, recovery is divided between the spouse and the children, with the surviving spouse receiving a child’s share, or 1/3, whichever is greater.

Intestate Succession in Tennessee

Keep in mind that the person who brings the lawsuit does not control how the proceeds are distributed. In Tennessee, who is entitled to compensation for wrongful death is determined by intestate succession. In some states, these laws only come into play when someone dies without a will. However, in Tennessee, even if there is a will, wrongful death proceeds are distributed per the laws of intestate succession.

The hierarchy of distribution for Tennessee’s wrongful death damages is:

• Surviving Spouse and Children
• Parents
• Siblings
• Extended Family

Extended family includes grandparents, uncles, aunts, cousins, and other blood relatives. It does not include un-adopted step-children.

At The Haynes Firm, we know how confusing intestate succession and wrongful death can be. We are here to answer all of your questions and help you understand the process. Reach out today for a free and confidential consultation and let us help you make the best decision for your family.

Types of Wrongful Death Compensation Available in Tennessee

In Tennessee, wrongful death lawsuits can be used to seek various types of compensation. These include:

Economic Damages

Economic damages refer to tangible financial losses families experience after the loss of a loved one. They may include:

• Medical Expenses. This includes all medical costs incurred before death, such as hospital bills, emergency treatments, surgeries, medications, and related expenses.
• Funeral and Burial Expenses. The costs associated with funeral and burial services can be substantial. They are recoverable under economic damages.
• Loss of Expected Earnings. This refers to the income the decedent would have earned had they lived. It may include wages, salaries, bonuses, and other forms of compensation the victim would have been expected to earn.
• Loss of Benefits. This includes the value of benefits, such as health insurance, pension plans, and retirement benefits the deceased would have provided.
• Loss of Inheritance. This is the value of what the deceased would have accumulated and passed on to their heirs.

Any provable financial losses associated with a wrongful death claim can be sought—dollar-for-dollar—in Tennessee. During your free case review with one of our experienced wrongful death attorneys, we can assess your losses to help you determine how much your claim may be worth.

Non-Economic Damages

Non-economic damages are intended to compensate for intangible losses suffered by the surviving family members. They may include:

• Pain and Suffering. Compensation for the physical pain and emotional suffering endured by the deceased before their death.
• Loss of Companionship/Love. The emotional impact on the surviving family members due to the loss of the deceased’s companionship, guidance, and emotional support.
• Emotional Distress. The mental anguish and emotional suffering experienced by the surviving family members as a result of the wrongful death.
• Loss of Consortium. The loss of the benefits of a family relationship, including affection and comfort, experienced by the surviving spouse.

Non-economic damages are subjective and can be more challenging to quantify. Under nearly all cases, non-economic damages are also capped at $750,000 in Tennessee. However, in some cases, the cap can be increased to $1 million.

The Johnson City wrongful death attorneys at The Haynes Firm understand the profound emotional and financial impact the loss of a loved one can have. With more than 70 years of combined legal experience, our attorneys work diligently to investigate these cases, substantiate losses, and present a full and accurate view of your damages. 

Our Tennessee Wrongful Death Lawyers Are Here to Help

The Haynes Firm is committed to helping families seek justice following the wrongful death of a loved one. Handling every case with resolution, determination, and diligence, we place your needs at the center of everything we do. We take time to listen to how your loss has impacted your life, provide straightforward answers to your questions, and guide you through the legal process with compassion, strength, and respect.

The attorneys at The Haynes Firm have received both local and national recognition from organizations including the National Trial Lawyers Association and the Best Lawyers in America directory. They’ve also secured some of the most significant verdicts and settlements in the state. When you choose to work with The Haynes Firm, you are selecting attorneys who have a proven track record both in and out of the courtroom, a reputation for compassionate and effective representation, and an unwavering commitment to justice. We encourage you to get in touch with us right away to tell us your story and learn how we can help.

Contact Us for a FREE Consultation

To schedule a complimentary consultation, contact The Haynes Firm online or call our Johnson City office today. Our experienced wrongful death attorneys serve families living in Jonesborough, Greenville, Morristown, and throughout Tennessee.