Car accident fatalities occur more often than they should, leaving their families devastated. The financial burdens of losing a loved one can make the grieving process much more difficult. Fortunately, certain family members may be entitled to wrongful death damages if their loved one’s death was caused by another party’s negligence.
Unfortunately, not all family members will be permitted to recover damages after a loved one passes away in an accident. In Tennessee, the following parties may be able to file a wrongful death claim within one year of the death:
- Surviving spouses of the deceased.
- Surviving children of the deceased (biological or adopted).
- Surviving parents of the deceased (if he/she did not have a spouse or children).
- Personal representative of the decedent’s (deceased’s) estate.
Recovering damages in a wrongful death suit
If the court finds your wrongful death claim has merit, you may be able to recover economic and non-economic damages. Some examples of economic damages include:
- Medical expenses including costs for treatment the deceased received prior to their death.
- Funeral/burial costs.
- Loss of financial contributions made by the deceased.
- Loss of potential future earnings made by the deceased.
Some examples of non-economic damages in wrongful death cases include:
- Loss of companionship/consortium.
- Pain and suffering.
- Emotional distress.
It is not enough to establish the negligence of another party to recover damages on a wrongful death claim. You will also need to show that there was a causal connection between the other party’s negligence and the death of your loved one. You may use medical records, expert testimony, accident reports, and witness testimony to prove this causation.
