Key Takeaways:
- Three types of damages are available to plaintiffs in a wrongful death suit: economic, non-economic, and punitive.
- Subject to a few important exceptions, non-economic damages in wrongful death cases are capped at $750,000.
- Our experienced Tennessee wrongful death attorneys at NST Law can help you fight for justice, accountability, and compensation after the death of a loved one.
What Compensation Is Available in a Wrongful Death Lawsuit?
There are two primary types of damages in wrongful death claims: economic and non-economic damages. Punitive damages are available in rarer cases.
Economic damages compensate plaintiffs for financial losses associated with their claim. In a wrongful death case, these might include the deceased’s medical bills, funeral costs, lost wages, and other monetary losses. Tennessee does not cap economic damages.
Non-economic damages are intended to compensate plaintiffs for more subjective losses. While nothing can truly compensate for the loss of a loved one, non-economic damages include mental anguish, loss of companionship, and the deceased’s pain and suffering. In Tennessee, non-economic damages are normally capped at $750,000.
Unlike the compensatory damages discussed above, punitive damages are not meant to reimburse the plaintiff for losses (“make them whole”). Rather, they are meant to punish defendants and deter future misconduct by them and others. In Tennessee, punitive damages are normally limited to the greater of (1) double the awarded compensatory damages or (2) $500,000.
What Are the Exceptions to the Wrongful Death Damage Cap?
Under Tennessee law, the $750,000 damage cap on non-economic damages is raised to $1 million in certain cases, including those involving the wrongful death of a parent who leaves behind a minor child. The caps are lifted altogether for both non-economic and punitive damages in cases involving:
- Intention to inflict serious injury.
- Concealment of evidence by the defendant.
- Intoxication at the time the harm was committed.
- A felony conviction for the actions that caused the wrongful death.
What Factors Influence Wrongful Death Compensation?
Given the wide range of factors that can come into play, it is difficult—if not impossible—to calculate an “average wrongful death settlement.” Each case is unique, and the impact on surviving family members is incalculable.
Though no amount of money can make up for the loss of a loved one, our experienced and compassionate wrongful death attorneys have the skills and expertise to review your case and estimate how much you could potentially receive under the law. If you choose NST to handle your claim, you can count on us to aggressively pursue justice and accountability on your behalf.
Some factors that affect wrongful death compensation include:
- The decedent’s age, income, and earning capacity – These factors influence compensation for loss of household income and estate value.
- Liability and negligence – Key issues include the clarity of available evidence, comparative negligence, the level of misconduct, and whether intentional acts were involved.
- Relationship to the deceased – The closeness of the decedent’s relationship to survivors can impact compensation for non-economic damages.
- Emotional impact on survivors – This factor looks at the grief suffered by surviving loved ones.
- Insurance coverage – Insurance is often a key source of compensation in wrongful death claims, and the coverage limits in applicable policies will influence settlement negotiations.
- Attorney skill and experience – Your attorney’s negotiation and advocacy skills will impact how well they handle your case and represent your interests.
How Long Do I Have to File a Wrongful Death Claim in Tennessee?
The Tennessee wrongful death statute of limitations is normally one year from the date of death. Though certain exceptions may apply, missing the correct deadline will result in your case being dismissed in court, eliminating your right to seek legal compensation. Reach out to our wrongful death attorneys as soon as possible to protect your claim.
How Can a Wrongful Death Lawyer at NST Law Help?
If you lost a loved one due to someone else’s careless or intentional actions, our hearts go out to you. Our skilled and compassionate wrongful death attorneys at NST Law are here to ensure you know your full legal rights and options. We fight hard for our clients, handling their cases with utmost sensitivity and care.
Contact us online or call (800) 529-4004 to schedule your free, no-obligation consultation. You pay nothing unless we secure compensation on behalf of you and your family.