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You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
Wrongful death claim is a claim against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute. In wrongful death cases, survivors are compensated for the harm and losses they've suffered after losing a loved one.
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.
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.
A wrongful death lawsuit must be filed within 1 year of the date of the person's death, although the time limit can be extended in narrow circumstances (Section 28-3-104). Generally, Tennessee allows only certain individuals to file a wrongful death lawsuit (Section 20-5-107):
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.
(a) The right of action that a person who dies from injuries received from another, or whose death is caused by the wrongful act, omission, or killing by another, would have had against the wrongdoer, in case death had not ensued, shall not abate or be extinguished by the person's death but shall pass to the person's ...