How do I file a wrongful death lawsuit? | Bart Durham Injury Law

How do I file a wrongful death lawsuit?

Surviving family members of victims who die due to the negligence, maliciousness, recklessness or deliberate behavior of another person might be legally able to file a wrongful death lawsuit against that person or party. A lawsuit of this kind allows the surviving family members to collect compensation for their loved one's untimely death. So, how do I file a wrongful death lawsuit?

In order to file a wrongful death lawsuit in Nashville you will need grounds to file the suit, which is considered civil in nature. The premise surrounding such a lawsuit is that the victim lost his life due to the negligence or intentional act of another person and that the victim's family was directly impacted by the death.

A probate estate must be opened by the surviving family members in order to file a lawsuit on the behalf of their deceased loved one. Should the wrongful death case involve minor children, a guardian might need to be appointed. This decision will be made by the court hearing the case.

A wrongful death lawsuit can be filed by the surviving spouse of the victim or the surviving children of the victim in Tennessee. There are some instances where extended family members, such as siblings and grandparents, can file the lawsuit on behalf of the deceased victim.

Some of the most common grounds for filing a wrongful death lawsuit include car accidents, medical malpractice, an accident related to the victim's work or an unlawful act that happened during a crime.

When filing a wrongful death lawsuit the surviving family members must consider the damages they wish to seek. These can include burial expenses, medical bills, punitive damages to punish the person who caused the death, compensatory damages for the pain and suffering caused and compensatory damages for lost wages the loved one would have earned in their lifetime.

Losing a loved one due to wrongful death is devastating, no matter their age or the circumstances. An experienced wrongful death attorney can answer all of your questions about filing a lawsuit in Tennessee.

Source: the balance, "How to File a Wrongful Death Lawsuit," Julie Garber, May 11, 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