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If a person dies because of the misconduct or negligence of another, the family members or survivors may sue for wrongful death. This type of lawsuit seeks compensation for the survivors' losses. Some of the types of losses may include lost companionship, lost wages, and funeral expenses, among others.

In almost all cases, the surviving spouse of the deceased has the first right to bring a wrongful death action. Surviving spouse refers to a wife, husband, or domestic partner under Tennessee law. However, if the couple was not married, the surviving “spouse” does not have standing to file a wrongful death lawsuit.

The liable party's insurance company is the entity that pays for a wrongful death lawsuit. If the liable party was uninsured, then they are personally responsible for paying any damages you receive.

If there is no appropriate family member to file the claim, the personal representative or administrator of the deceased's estate can initiate the action. Typically, family members have one year after the date of death to file a wrongful death claim for the loss of their loved one.

A surviving sibling. A deceased person's sister, brother, or other eligible next of kin now has the right to file the suit. If there are none, the claim passes to the person in charge of the deceased's estate.

Siblings can sue for wrongful death in many cases if their brother or sister passed away as a result of someone else's negligent or willful acts. However, laws regarding who can file claims vary from state to state, so whether or not they have a right to file a claim depends on where the decedent lived.

Generally, Tennessee allows only certain individuals to file a wrongful death lawsuit (Section 20-5-107): The deceased person's spouse; The deceased person's child or next of kin, if there is no surviving spouse; The deceased person's parent (in some cases); or.

If the decedent is married at the time of death, the spouse is entitled to all of the proceeds from the wrongful death suit. If the decedent was married with children, the money is divided equally between the surviving spouse and children with a caveat: the spouse is entitled to at least one-third of the recovery.