Who Can Bring a Wrongful Death Lawsuit in Tennessee

By Thomas Greer | March 23, 2012

We have explained the keys to proving a Tennessee wrongful death case elsewhere on this site.  Below is a portion of a blog post by attorney John Day containing a general explanation of who has the right to file a wrongful death action:

  • A lawsuit for the death of a husband can be filed by his wife, his executor or the administrator of his estate.
  • A lawsuit for the death of a wife can be filed by her husband, her executor, or the administrator of her estate.
  • If a person is single at the time of his or her death, the lawsuit can be maintained by his or her adult children or, if there are no adult children, by his or her parents. The lawsuit can also be filed by an executor or administrator.
  • If a person is a single minor at the time of death, the lawsuit can be maintained by his or her parents. If the parents are divorced, special rules apply. The lawsuit can also be filed by an administrator.
  • If the decedent did not leave a spouse or child and was predeceased by his or her parents, the law permits a sibling to file suit. The lawsuit can also be filed by an executor or administrator.
  • There are exceptions to these general rules. An experienced wrongful death lawyer can explain whether an exception is applicable if he or she is advised of the nature of the family situation.

To read John’s whole blog post, click Here.

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