Key Takeaways:
- The victim’s surviving spouse is first in line to receive wrongful death compensation in Tennessee, followed by their children.
- If the victim has no surviving spouse or children, the victim’s parents are next.
- Extended family members (“next of kin”) may be entitled to compensation when the victim has no surviving immediate family.
- Finally, the personal representative of the decedent’s estate may also be eligible to file a wrongful death lawsuit.
- Beneficiaries entitled to wrongful death benefits may receive damages for funeral expenses, loss of income, loss of companionship, and more.
How Are Wrongful Death Settlements Paid Out?
If you win compensation in a wrongful death claim, you can receive your settlement as a lump sum or a structured settlement.
A lump sum is a one-time payment made in full to the plaintiffs soon after the case is resolved. The defendant or their insurer will write a check for the full settlement amount and send it to your attorney. Your attorney then deducts their pre-negotiated legal fees, pays outstanding liens (e.g., medical bills), and then distributes the remaining funds to you.
In a structured settlement, the insurance company pays out portions of the compensation in regular installments over an extended period. There are various structured settlement options. For example, you may receive a large initial payment followed by smaller monthly payments, or you may receive equal payments until you have your full settlement.
What Are the Types of Damages in a Wrongful Death Lawsuit?
Wrongful death compensation may include any losses you or your family suffered as a result of the victim’s death, including these economic and non-economic damages:
- Medical expenses incurred treating the victim’s fatal illness or injury.
- Funeral and burial expenses.
- Loss of income, including future earnings and employment benefits the victim would have provided for their family if they had survived.
- Loss of the victim’s household services, such as childcare.
- Loss of companionship and guidance.
- Mental anguish and emotional distress.
You may also be eligible to receive punitive damages if the defendant’s actions were malicious, intentional, or particularly reckless. Punitive damages are intended to punish the defendant and deter similar behavior in the future.
How Long Will It Take To Receive Compensation?
The timeline for getting compensation in a wrongful death lawsuit ranges from as little as a few weeks to over a year. Your case’s complexity will influence how long it takes to reach a settlement or verdict.
Disputes over the defendant’s liability may require more evidence and prolong the process. If the victim had a high net worth or was particularly young when they died, it can take longer to calculate fair compensation. Cases involving multiple defendants may also have a longer timeline.
What Is the Average Wrongful Death Lawsuit Payout?
There’s no true average for wrongful death settlement, as each case’s value depends on unique factors. Our legal team has secured many case results ranging in the hundreds of thousands to millions of dollars. When you turn to our attorneys, we’ll thoroughly evaluate your case and estimate its value based on factors like:
- The victim’s age and income before their death.
- The victim’s relationships with surviving family members.
- The seriousness of the defendant’s misbehavior.
Tennessee damage caps also affect the amount of compensation you can receive. State law caps non-economic damages at $750,000 in most wrongful death cases and at $1 million for the death of a parent who leaves behind minor children. Tennessee also caps punitive damages at the greater of (1) double the awarded compensatory damages or (2) $500,000.
The non-economic and punitive damage caps are eliminated completely in cases involving:
- Intentional infliction of a 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.
How Can a Wrongful Death Lawyer at NST Law Help?
Insurance companies use underhanded tactics to keep wrongful death settlements as low as possible. You may be entitled to more money than the defendant or their insurance company offers you. That’s where our Memphis wrongful death attorneys come in.
When you turn to NST Law, we’ll guide you through each step of the wrongful death lawsuit process. Our attorneys will help you identify all wrongful death beneficiaries, calculate your damages, gather strong evidence, and protect your rights. If your case goes to trial, we’ll stand by your side and aggressively advocate for the full and fair compensation you deserve.
Our compassionate attorneys are dedicated to protecting our clients and the communities we serve. Let us handle the legal details while you focus on caring for your family. Remember, there are strict deadlines for taking legal action. To protect your right to compensation, contact us online or call (800) 529-4004 for a free consultation.