Wrongful Death

Tenn. Code Ann. Section 20-5-113 defines a wrongful death as a claim “[w]here a person's death is caused by the wrongful act, fault or omission of another and suit is brought for damages.” Our Knoxville wrongful death lawyers have taken numerous death cases.

The damages that can be recovered include: the mental and physical suffering, loss of time and necessary expenses resulting to the deceased from the personal injuries. It also includes the damages resulting to the parties for whose use and benefit the right of action survives from the death consequent upon the injuries received. In other words, the lost value of the life. When something as emotional as the loss of life occurs, you want one of our Knoxville wrongful death attorneys to go after every harm and loss that was suffered.

In Tennessee, wrongful death proceeds are distributed according to the laws of intestate succession. This means that the proceeds are distributed to the person’s heirs as if he or she died without a will.

“[A] wrongful death lawsuit may be filed ‘by the personal representative of the deceased or by the surviving spouse in the surviving spouse’s own name, or, if there is no surviving spouse, by the children of the deceased or by the next of kin.’” Spires v. Simpson, 539 S.W.3d 134, 141 (Tenn. 2017) The lawsuit is filed on behalf of the deceased person. You need a Knoxville wrongful death lawyer on your side that understands how these cases are different from other claims.

The Lawyers of Brown and Roberto have experience with wrongful death claims. We have taken wrongful death claims all the way to the Tennessee Supreme Court. In one Tennessee Supreme Court case, we were able to establish that after a husband’s wife died in a car wreck, it was the husband that has the right to control the wrongful death lawsuit.

Under Tennessee law, if the deceased person leaves both a surviving spouse and children, the surviving spouse receives one-third of the deceased share or a child’s share, whichever is greater. Tenn. Code Ann. § 31-2-104(a) (2015). If the deceased person has no surviving spouse, the recovery is distributed to the decedent’s children according to their degree of kinship. “If the decedent has no surviving spouse and no issue, the entire intestate estate passes ‘to the decedent’s parent or parents equally.’” Spires v. Simpson, 539 S.W.3d 134, 141–42 (Tenn. 2017).

Besides the emotional toll of wrongful death claims, the primary difference between them and other types of claims is how they are filed. The claim must be properly named. Proving damages in the claim may be more complicated than a typical personal injury or car accident claim. You will have to prove the lost economic value of the life that was taken. You prove this with the assistance of experts that will show the life expectancy of the deceased and the expected remaining earnings of the deceased. Our Knoxville wrongful death lawyers have experience putting the right team of experts together.

No. There are a lot of things that can go wrong in settling a wrongful death claim without an attorney that could leave you owing money. You will need to make sure that all medical liens are paid. You will also need to make sure the that money is distributed properly according to the Tennessee intestate succession laws. Give yourself peace of mind in knowing that our Knoxville wrongful death attorneys did their best to recover as much for you and your family as possible.

We do not charge any money unless we get money for you.

Contact the Lawyers of Brown and Roberto at (865) 691-2777 today for your free consultation.