The sudden death of a loved one can cause a cascade of major consequences. Families have to absorb costs related to medical care and funerals. They also lose the income of the person who died. In addition to managing their emotional reactions to the tragedy, they also have to address the practical implications of their loved one’s passing.
Grief often begins as denial or shock, with people struggling to accept the reality of the situation. Afterward, they may feel anger. They often want justice, which might require that they go to court. Tennessee state statutes allow those affected by a tragedy to pursue a wrongful death lawsuit in certain situations. If there is evidence showing that wrongful conduct or negligence caused a tragedy, the people left behind may have grounds for a wrongful death lawsuit.
Who has the option of filing a wrongful death lawsuit?
Family members often file
The law allows certain people an opportunity to file a wrongful death lawsuit. Typically, only one lawsuit is possible per tragedy. A successful wrongful death lawsuit can help families limit the long-term consequences of their loss.
It is often the surviving spouse of the person who died who initiates a wrongful death lawsuit. The surviving children or other progeny of the deceased individual can also file the lawsuit if the decedent did not have a surviving spouse. When the person who died did not have a spouse, children or other progeny who outlived them, then the personal representative of their estate can possibly pursue a wrongful death lawsuit in civil court.
Litigation can help grieving families recover some of their financial losses and can generate consequences for the person or business at fault for the tragedy. Pursuing a wrongful death lawsuit requires careful preparation and timely action.