This agreement is between a potential defendant and the executor or administrator of the estate of decedent. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Tennessee Settlement Agreement and Release in Wrongful Death Suit Prior to Filing of Suit
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Multi-State
Control #:
US-01618BG
Format:
Word;
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How to fill out Settlement Agreement And Release In Wrongful Death Suit Prior To Filing Of Suit?
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Any surviving children, if there's no surviving spouse. Any surviving next-of-kin, if there's no surviving spouse or children. The personal representative or administrator of the deceased's estate. The deceased's surviving parents, if the deceased was financially dependent on their parents at the time of death.
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.
In Tennessee, family members typically have just one year from the date of their loved one's death to file a wrongful death lawsuit.
The discovery rule allows the statute of limitations to be tolled until the date a cause of action is discovered. For example, if the true cause of death is fraudulently concealed, the statute of limitations is tolled until the true cause of death becomes known or reasonably should have become known.
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.
The value of a wrongful death claim varies as each case has unique circumstances. Settlements can range from a few thousand dollars to more than a million dollars?for example, a deadly head-on collision due to negligence resulted in a $5 million settlement.
WHAT ARE THE LIMITS ON DAMAGES IN TENNESSEE WRONGFUL DEATH CASES? Wrongful death is considered a catastrophic injury, meaning the limit on non-economic damages is $1 million per person, if the decedent left minor children. Otherwise, the typical damage caps apply.
The highest wrongful death settlement was $160 million.