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Who can sue for wrongful death in Tennessee?

Under Tennessee law, if someone is killed as a result of the intentional or negligent act of another, then the right to bring suit that the decedent would have had passes to the surviving spouse, and if there is no spouse, then to the decedent’s children or next of kin. The personal representative of the estate may also institute the wrongful death case. Regardless of the person that brings the suit, the suit is brought for the sole benefit of the spouse and/or other lawful beneficiaries as set out in the law. Therefore, proceeds of a wrongful death suit go to the lawful beneficiaries, but do not go to the decedent’s estate. Consequently, the Last Will and Testament of the decedent has no bearing upon the distribution of the proceeds in a wrongful death case. In fact, the proceeds are distributed in the same manner as someone who dies intestate (one who dies without a will). Also, any damages recovered in the wrongful death suit pass directly to the lawful beneficiaries, free from any claims of the decedent’s creditors.

In a wrongful death case, here are some examples of how the proceeds of any such suit would be distributed. If the decedent had a spouse but no children, the spouse will receive all of the proceeds. If the decedent had children, but no spouse, then all of the proceeds would go to the children who would share equally. If the decedent had a spouse and children, both the children and spouse would share in the proceeds. If the deceased did not have a spouse or children, then the proceeds would go to the parents of the deceased. These are some common examples, but there are many other scenarios. For further information, contact our office to discuss with Hugh Green, an experienced wrongful death attorney.

• Who can sue for wrongful death in Tennessee?