What is included in a Tennessee wrongful death lawsuit? | Bart Durham Injury Law

What is included in a Tennessee wrongful death lawsuit?

Wrongful death is defined as the death or killing of a person due to the negligence or misconduct of another person. The surviving members of the victim's family might be able to sue for wrongful death damages, but would need to prove negligence on the part of the defendant. So, what are the elements of a wrongful death lawsuit?

First and foremost, a wrongful death lawsuit will be thrown out immediately if the person has yet to die from his or her injury. Any person who is injured by the negligence of another, but has not died, will have to file a personal injury lawsuit.

The lawsuit, in order to move forward, will need to show that the victim's death was caused by the negligence of another or with the intent to cause harm to the victim.

The lawsuit will also need to name surviving family members who are suffering monetary injury as a direct result of the victim's death. A personal representative for the deceased's estate will also need to be appointed in a wrongful death case.

Wrongful death cases can occur in any of the following circumstances:

- Death during an activity that was being supervised.

- Medical malpractice that causes the death of a patient.

- Criminal behavior that leads to the death of a person.

- An airplane or motor vehicle accident.

- Exposure to hazardous materials, substances or conditions during employment.

The main type of damages recovered by a victim's family during a wrongful death lawsuit is that of financial damages. Damages can be acquired for loss of wages, loss of services, loss of inheritance, loss of support, funeral expenses, medical expenses and pain and suffering.

When a wrongful death case reaches the courts, a jury decides the amount awarded to the plaintiff named after hearing evidence. The results of the jury are not the final word though, as the court can adjust the award either positively or negatively based on different reasoning.

Source: Findlaw, "Wrongful Death Overview," accessed Feb. 14, 2017

No Comments

Leave a comment
Comment Information
Bart Durham Injury Law

You Deserve To Be Paid For What You've Gone Through

Our attorneys have more than 75 years of experience helping people like you.

Results For Our Clients

  • $3 Million Settlement - Passenger Hit By A Drunk Driver
  • $1 Million Judgment - Passenger Hit By A Drunk Driver
  • $1,450,000 Settlement - Passenger Hit By A Truck
More Client Results


  • "All of the staff members at Bart Durham Injury Law are very friendly and great to work with. They have open lines of communication with their clients, and respond in a timely manner. I trust them with my legal matters, and would advise anyone else in need of a lawyer to contact them first." - Julia Batson
  • "Bart Durham has a great team of people who are quick to respond and quick to help. The first time I met with them, they were kind and welcoming, and really listened to what I had to say. After my accident, I wasn't sure what to do, or how to get started. They took me through the process step by step, and got me the help I needed to continue on with my life. This is a friendly team with a dedication to helping people, and I'm so thankful for them!!" - Kara Davidson
More Testimonials