The death of a loved one is an extremely difficult and painful topic. If you recently lost a family member, taking legal action might be far down your list of priorities. At the same time, holding a negligent party accountable for wrongful death can help to bring closure and provide financial relief to survivors.

We Stand Up for Justice, Integrity & Accountability

Of the millions of deaths that occur each year in the United States, many are preventable. Negligence, recklessness, and intentional actions are key contributors to fatal injuries. Tennessee law allows the surviving spouse and children of a deceased person to file a wrongful death claim and recover numerous types of damages.

At The Terry Law Firm, our Morristown wrongful death lawyers are committed to representing survivors with vigorous advocacy and a human touch. Our reputation for compassionate counsel is matched by a strong track record of success in wrongful death cases. When you are ready to talk about a wrongful death lawsuit, our attorneys are here to listen. Call (423) 586-5800 or send us a message online to schedule a free consultation.

Who Can File a Wrongful Death Lawsuit in Tennessee?

In a wrongful death lawsuit, the right to pursue legal action for injuries caused by another person passes from the decedent to certain family members or the personal representative of the decedent’s estate. The right to file a wrongful death claim proceeds in the following order:

  1. The surviving spouse
  2. The surviving children or next of kin
  3. The personal representative of the estate
  4. The natural parents, if the decedent was dependent on their parents at the time of death
  5. The legally adoptive parents

Our Morristown office has represented Hamblen County families in wrongful death cases involving fatal crashes on the Andrew Johnson Highway corridor, medical errors at local hospitals, and workplace accidents at manufacturing facilities. We understand the local court system and work directly with Hamblen County families throughout East Tennessee.

Other Considerations

Additional considerations for the filing of a wrongful death lawsuit include:

  • The beneficiary of a wrongful death lawsuit who is a minor or legally incompetent may, on the direction of the court, have the funds placed into a trust until the beneficiary is of age.
  • If the person who died did not have a will, the court will appoint a personal representative, who may then file a lawsuit in the name of the decedent’s estate.
  • Only one Tennessee wrongful death claim may be filed. If multiple people file suit, the court will determine who gets to control the litigation.
  • The person who files the wrongful death lawsuit is not necessarily the person who is entitled to damages. Lawsuit money is distributed based on statute, not on the decedent’s will. The decedent’s spouse and children are given priority, followed by their parents and next of kin.

Depending on the familial circumstances at the time of death, who has the right to file a lawsuit, and to recover damages, can be complicated a issue. If you have questions, our Morristown wrongful death attorneys are available to answer them and guide you through the claims process.

Compensation for a Wrongful Death Lawsuit in Morristown, TN

Tennessee’s wrongful death remedy is a hybrid between survival and wrongful death statutes. The law provides a cause of action that compensates survivors for their losses resulting from the death, as well as provides damages on behalf of the deceased person. In a wrongful death lawsuit, the following categories of damages are typically available:

  • Medical expenses for treatment of the injury that caused the death
  • Funeral expenses
  • Mental and physical suffering, as well as loss of enjoyment of life, suffered by the deceased from the fatal injury, up until the time of death
  • The deceased’s loss of income/earning capacity between the time he or she was injured and the time of death
  • The amount of income the decedent would have earned over the rest of his or her life, minus the cost of living expenses
  • The mental and physical suffering of family members as a result of the death
  • Loss of the benefits of a family relationship (i.e., loss of consortium) resulting from the death
  • Punitive damages (meant to punish the wrongdoer and deter similar behavior)

Tennessee caps loss of consortium damages at $750,000 unless the decedent had a minor child, in which case damages are capped at $1 million. Punitive damages are not always available and based on the circumstances, may be capped.

Comparative Fault and Wrongful Death

Comparative fault is a legal method of assigning responsibility for an accident that causes injury or death.

The defendant in a wrongful death lawsuit may try to argue that the deceased person shared blame for the accident that led to the death. Under Tennessee law, compensation can be obtained for wrongful death if the decedent was less than 50 percent at fault for the injuries. However, the amount of damages awarded will be reduced in proportion to the victim’s level of fault. If a person is 50 percent or more at fault for the accident, no wrongful death damages will be awarded.

Comparative fault can be hotly disputed in a personal injury or wrongful death lawsuit. The defense has a powerful incentive to shift blame to the victim, especially when the victim is no longer able to speak for themselves. A comparative fault defense must be counteracted with strong evidence and expert testimony.

Wrongful death lawsuits in Tennessee generally must be filed within one year of the date that the death occurred. Once the one-year filing deadline passes, a claim for wrongful death damages cannot be filed, except in rare cases.

The one-year filing deadline makes it imperative to speak with a wrongful death attorney as soon as possible. While exceptions might apply to the statute of limitations, it is best to play it safe and make sure that a claim is filed on time, since the consequences of a delayed claim are dire.

To succeed in a wrongful death lawsuit, the claimant must prove four elements: the existence of a duty of care; the breach of the duty of care; causation; and damages. Each of these elements is explained in greater detail below.

  • Duty of Care: A duty of care is a legal obligation to avoid reasonably foreseeable harm to another. The actual duty owed from one party to another depends on the relationship between the two. Doctors, for instance, owe their patients the duty of care and treatment reasonably expected of a competent physician under the same or similar circumstances. Drivers usually owe other drivers a duty of care to operate their vehicle in the manner of a reasonably prudent person. A duty of care is not always owed, however. For example, a property owner might owe a duty of care to a guest, but not to a trespasser.
  • Breach of Duty: Assuming that a duty of care exists, it is necessary to show that the duty was breached. Breach of duty often results from negligence but can result from intentional action. Driving under the influence of alcohol and killing another person in a car accident is a possible instance of negligence. Running the other person off the road in an act of road rage, on the other hand, might constitute an intentional action.
  • Causation: After proving duty and breach of duty, it is necessary to prove that the defendant’s negligent or intentional actions caused the wrongful death. Causation can be quite complex, depending on the facts of the case.
  • Damages: The victim’s death must have caused quantifiable losses, such as medical expenses, funeral costs, loss of income, and mental and physical suffering. Damages may be presumed in a wrongful death case based on breach of duty and causation, but they must be demonstrated with evidence.

US-11E and I-81 crashes – Andrew Johnson Highway (US-11E) through Morristown experiences high-speed collisions, particularly near the SR-160 intersection and Cherokee Lake crossings. I-81 sees frequent commercial vehicle accidents through Hamblen County.

Medical malpractice at Morristown-Hamblen Healthcare System – Surgical errors, emergency room mistakes, delayed diagnosis, and medication errors.

Manufacturing workplace accidents – Morristown’s industrial employers (auto parts, food processing, plastics manufacturing) create risks from machinery malfunctions, forklift incidents, falls from heights, and inadequate safety equipment.

Nursing home neglect and abuse – Falls leading to fatal injuries, medication errors, bedsores, and failure to prevent choking in assisted living facilities.

Premises liability deaths – Inadequate security leading to assaults, swimming pool drownings, construction site accidents.

Wrongful death claims are filed at Hamblen County Circuit Court, 510 W Main Street, Morristown, TN 37814, within one year of death under Tennessee Code § 28-3-104.”

Contact Our Morristown Wrongful Death Lawyers

Our Morristown office at 116 E Main St has represented Hamblen County families for over 65 years. Since 1960, we’ve handled wrongful death cases involving fatal accidents on US-11E and I-81, medical malpractice at Morristown-Hamblen Healthcare System, manufacturing workplace deaths, and nursing home neglect throughout East Tennessee.

We understand Hamblen County’s court system and work directly with families from Morristown, Bean Station, White Pine, and surrounding communities. Our team handles every aspect of filing at the Hamblen County Circuit Court and pursuing maximum compensation for your family.

Contact us for a free consultation. You pay nothing unless we recover money for your family.