If a person is killed by the negligent or intentional act of another, immediate family members may pursue an action for compensation under Tennessee’s wrongful death statute. Under Tennessee’s wrongful death law, there are two types of actions that may be pursued by the family members of a person who is killed in an accident or by the intentional act of another. The attorneys of Nahon, Saharovich & Trotz, PLC (NST Law) have many years of collective experience in handling Tennessee wrongful death and Tennessee survival actions and can help you seek just compensation for your loved ones.
A survival action is brought by the personal representative of someone who has been killed to compensate for the damages suffered by the deceased including pain and suffering and actual expenses incurred from the incident until the time of his death. The crux of a survival action is that damages are awarded for the damages actually suffered by the deceased. Under Tennessee law, a court will award only very limited compensation in a survival action if the person who is killed dies instantly. Generally, the only compensation that can be awarded in this situation includes medical costs and funeral expenses. The idea is that anyone who dies instantly does not experience any other loss (i.e. pain and suffering) because the death is instantaneous.
A wrongful death action awards to immediate family of someone who is killed for their own suffering and loss as a result of the death of their loved one. The husband, wife, parent or child of the person who was killed may bring a wrongful death action. To pursue a civil claim for wrongful death, the immediate family member that files the claim must establish certain elements:
- Death of a human being
- Caused by the negligence or intentional act of a 3rd party
- The survival of family members who are suffering the loss of financial support, love, care, comfort
While any negligent or intentional act that causes the death of another can be the basis of a wrongful death action. There are a number of types of cases that commonly give rise to wrongful death claims.
- Vehicular accident
- Medical malpractice
- Occupational exposure to hazardous substances
- Violent crimes
As a general rule under Tennessee wrongful death law, one can recover both economic and non-economic losses. Pecuniary injury is the term used to refer to actual economic loss. Non-pecuniary losses including loss of love, comfort and affection, resulting from the death of a loved one. However, the pain and suffering of the decedent is not recoverable through the wrongful death action but only through the survival action brought by the estate of the decedent. An experienced Tennessee wrongful death lawyer will help make sure the jury understands how long the deceased was conscious and the degree of suffering that must be compensated. Damages available in a wrongful death action include the following: (1) loss of income from injury to death; (2) loss of future earning; (3) loss of parental guidance; (4) medical and funeral expenses; and (5) loss of love, companionship and comfort.
The court will consider factors such as the age, intelligence, education and earning capacity of the deceased as well as the circumstances of the immediate family members whom bring the action. This can be a very difficult issue to establish and involves a certain degree of speculation about the decedent’s age life expectancy and potential earning capacity. Under Tennessee wrongful death law, pecuniary loss is not limited to the deceased actual income, which is important in the case of retired persons and small children. At NST Law we often employ the services of an economic expert to establish the lost future income in difficult cases where a person was not employed or had no earning history. Super Lawyers has recognized NST Law as one of the top 5% of law firms nationally. If someone you love has been killed by the careless or intentional misconduct of another, you should contact NST Law today.