Who Can File a Wrongful Death Claim in Tennessee

By the FigureMyTax Editorial Team · How we calculate

Tennessee lets the surviving spouse sue in their own name, not only the estate.

Who may sue

Under TCA 20-5-107, the action may be instituted by the personal representative or by the surviving spouse in the spouse's own name, or if there is no surviving spouse, by the children or next of kin. Others may use the representative's name by giving bond and security for costs.

Where the right passes

TCA 20-5-106 provides that the decedent's right of action passes to the surviving spouse and, if none, to the children or next of kin, or to the personal representative for their benefit. The funds are free from creditors' claims.

Child support limits

A parent cannot recover until child support arrearages are paid, and a parent who intentionally refused or neglected to pay support for a two-year period, or to contact the child, is barred in some cases.

What can be recovered

TCA 20-5-113 allows recovery for the decedent's mental and physical suffering, loss of time and necessary expenses, plus the damages resulting to the beneficiaries.

Minors and trusts

If a beneficiary is a minor or legally incompetent, the court may authorize funds to be added to a trust for the beneficiary.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Tennessee's rules apply to your specific case with a licensed Tennessee attorney.