A claim can still be pursued if the person who initially filed it later dies from a car accident. The deceased individual’s family members can continue the personal injury claim through a “survival action.” Family members can also file a wrongful death claim for losses they suffered because of their deceased family member.
Yes, a claim can still be pursued if a person dies from a car accident in Tennessee through what’s known as a wrongful death lawsuit. These claims are brought by the deceased person’s family members or estate representatives against the at-fault party whose negligence caused the fatal accident. In Tennessee, wrongful death claims are typically filed by the surviving spouse first, then children, then parents or the personal representative of the estate if no immediate family exists. These lawsuits seek compensation for various damages including funeral and burial expenses, medical bills incurred before death, lost income the deceased would have earned, pain and suffering experienced before death, and the family’s loss of companionship, guidance, and emotional support. Tennessee law requires wrongful death claims to be filed within one year of the date of death, making it crucial for families to consult with a personal injury attorney promptly to preserve their legal rights during an already difficult time.
Surviving family members can benefit from having a lawyer help them pursue these claims and recover compensation for their losses and their loved one’s damages.
What Is a Survival Action?
Under Tennessee Code § 20-5-102, a survival action allows a personal injury claim to survive the death of the person who filed it. The action allows the deceased individual to recover damages—through his or her survivors—that the individual would have recovered had he or she not died. The individual’s damages may include medical bills, lost wages, and pain and suffering.
Is a Survival Action the Same as a Wrongful Death Claim?
There is a difference between a wrongful death claim and survival action. A wrongful death claim allows the survivors of the deceased individual to file their own claim. Tennessee Code § 20-5-106 defines wrongful death as one caused by the “wrongful act, omission, or killing by another.” Under this law, a deceased individual’s survivors can seek compensation for the financial and emotional losses they suffered because of their loved one’s death.
Who Is Eligible to File a Wrongful Death Claim?
Tennessee allows the following parties to file a wrongful death claim:
- The surviving spouse
- The deceased’s children
- A parent of a deceased minor child
- Next of kin
- The executor of the deceased’s will
- An appointed administrator of the deceased’s estate
What Do Survivors Have to Prove in a Wrongful Death Claim?
Surviving family members bringing a wrongful death claim must prove that the at-fault driver’s negligence caused an accident that resulted in their loved one’s death. A lawyer can help you collect evidence to build a solid claim on your behalf.
Our law firm has the resources to collect the type of evidence needed to hold the at-fault driver legally responsible for your loved one’s death. We may collect evidence that includes the following:
- A police report of your loved one’s accident
- Surveillance video of the car accident
- Photographs of the accident scene
- Eyewitness testimony
- Your loved one’s medical expenses resulting from the accident
What If the Other Driver Does Not Admit Fault for the Accident That Resulted in My Loved One’s Death?
In car accidents involving death, it is not unusual for the other driver and the driver’s insurance company to deny fault. A skilled attorney will help you counter the defendant’s claim through solid evidence that proves negligence.
What Type of Damages Can Survivors Receive in a Wrongful Death Claim?
Survivors can recover damages for their loved one’s medical bills related to the car accident injury. Physical injuries and medical expenses can help to increase the value of a claim. Family members can receive compensation for such damages as:
- Medical bills resulting from the accident
- Funeral and burial expenses
- Loss of services the loved one provided for the family
- Loss of consortium for the surviving spouse
- Loss of love, affection, society, and guidance for surviving children
- Loss of earning capacity from the date of injury to the date of death
- Loss of enjoyment of life
- Pain and suffering
Survivors may also pursue punitive damages, depending on the circumstances of the accident.
Is There a Deadline for Filing a Wrongful Death Claim?
Tennessee’s Statute of Limitations gives survivors one year from the date of their loved one’s accident—not death—to file a wrongful death claim.
Keep in mind that it takes time to conduct a thorough investigation of your loved one’s car accident and gather solid evidence to support your wrongful death claim. The sooner family members to decide to pursue a claim, the sooner a lawyer can begin working on the case.
We Can Help You File a Wrongful Death Claim
We know that no amount of money can compensate for the unexpected death of a loved one. However, filing a wrongful death claim can help to alleviate the financial strain placed on a family after a loved one’s death. A claim can still be pursued if a person died from a car accident, and we can help.
If your loved one died because of a car accident caused by another party’s negligence, contact the OEB Law, PLLC at (865) 546-1111 to schedule an appointment with one of our car accident lawyers.
Why Trust Us
At OEB Law, our reputation speaks for itself:
- Proven Results: We’ve recovered significant compensation for our clients through both settlements and courtroom verdicts
- Client Satisfaction: Our numerous 5-Star Google Reviews showcase our commitment to responsive, caring, and effective legal representation
- No Fee Unless We Win: You don’t pay attorney fees unless we successfully secure compensation in your case
- Local Knowledge: As East Tennessee natives, we understand our community and care deeply about the people we serve
- Personalized Approach: We personalize each case to meet our clients’ specific needs, ensuring you’re never just another file number
Community Commitment
Our dedication extends beyond the courtroom. We proudly support:
- Boys & Girls Clubs of Tennessee Valley programs and toy drives
- Local high school football programs through Rivalry Thursday sponsorships
- The Knoxville Ice Bears and community fundraising initiatives
- Numerous youth, student, and community organizations throughout East Tennessee
As Tim Elrod says, “We don’t just take—we give back because the people you’re giving back to are the people who are supporting your firm.“
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FAQ
Tennessee courts consider multiple factors when determining the value of a wrongful death claim following a fatal car accident. The economic damages component includes concrete financial losses such as the deceased’s medical expenses before death, funeral and burial costs, and the value of income and benefits the person would likely have earned throughout their expected work life (calculated using factors like age, health, education, occupation, and earnings history). The non-economic damages address more subjective losses including the deceased’s physical and mental suffering before death, and the family’s loss of companionship, guidance, and emotional support. Tennessee places no statutory cap on compensatory damages in wrongful death cases, unlike some states. However, punitive damages (which punish especially egregious conduct) are capped at $500,000 or twice the compensatory damages, whichever is greater. The deceased’s life expectancy plays a significant role, as younger victims with longer expected lifespans typically result in higher valuations. Additionally, if the deceased was partially at fault, Tennessee’s modified comparative negligence rule may reduce the recovery amount proportionally, provided the victim was less than 50% responsible. Working with experienced Knoxville attorneys who specialize in wrongful death claims is essential for families seeking full and fair compensation, as these cases require sophisticated economic analysis and compelling presentation of both financial and emotional losses.
