Losing a loved one is one of life's most devastating experiences, especially when their death was caused by someone else's negligence or wrongdoing. In the midst of your grief, you may be wondering about your legal options to hold the responsible party accountable. In Tennessee, families in this heartbreaking situation may be able to pursue a survival action claim, a wrongful death claim, or both, depending on the specific circumstances.
As a seasoned personal injury lawyer serving clients in Clarksville and throughout Tennessee, Attorney Pete Olson and the legal team at Pete Olson Injury Law understands the profound impact an unexpected loss can have on a family. With nearly 30 years of experience, he knows how to fight for the underdog and hold bullies and insurance companies accountable. Let's take a closer look at the key differences between survival actions and wrongful death claims in Tennessee so you can better understand your rights.
What Is a Survival Action?
A survival action is a type of legal claim that allows the estate of a deceased person to recover damages that the person could have pursued in a personal injury lawsuit had they survived. This includes damages like medical expenses related to their final injury or illness, lost wages, property damage, and pain and suffering endured between the time of injury and the time of death.
Under Tennessee law, the personal representative of the deceased person's estate is responsible for filing a survival action claim. Any compensation recovered is distributed to the estate and may be used to pay outstanding debts or distributed to beneficiaries according to the terms of the will.
Who Can File a Wrongful Death Claim in Tennessee?
While a survival action focuses on the damages suffered by the deceased person, a wrongful death claim allows surviving family members to recover damages for losses they have experienced due to their loved one's death. The purpose is to compensate the family for things like funeral and burial expenses, loss of financial support and benefits the deceased would have provided, emotional distress, and loss of love, guidance, and companionship.
In Tennessee, the following parties are allowed to file a wrongful death claim in order of priority:
- Surviving spouse
- Surviving children or next of kin
- Personal representative of the estate
- Parent of a deceased child
- Administrator of the estate if there is no personal representative
The family members who are allowed to file a claim depend on the specific family situation. For example, if the deceased had a surviving spouse but no children, the spouse has the sole right to file a claim. If the deceased was unmarried with no children, their parents would be first in line.
Pursuing Survival Action and Wrongful Death Claims
It's important to note that survival actions and wrongful death claims are two separate types of lawsuits. In some cases, it may be appropriate to file both types of claims to maximize the compensation available to the estate and the family. However, Tennessee law specifies that the two claims cannot overlap or result in double recovery of the same damages.
Calculating damages in these claims can be complex, as there are many factors to consider in determining things like loss of earning potential, the value of lost benefits, or the impact of the loss on the family. An experienced wrongful death attorney like Pete Olson can thoroughly investigate the claim, gather documentation to substantiate the damages, and advocate for the maximum compensation available.
Get the Legal Guidance You Need From an Experienced Clarksville Personal Injury Lawyer
The unexpected loss of a loved one often leaves families reeling emotionally and financially. When someone else's negligence is to blame for that loss, you deserve seasoned legal representation to help you demand accountability. Pete Olson and his skilled team of Clarksville injury attorneys are here to help you navigate the challenges you are facing so you can focus on honoring the memory of your loved one.
After nearly 30 years as a lawyer, Pete Olson knows how to hold bullies and insurance companies accountable and fight for the compensation you deserve. Schedule a free consultation today to discuss your rights and options under Tennessee law for survival actions, wrongful death claims, and other personal injury matters. Together, we can work to right the wrongs you have suffered and help you find a path forward after a tragic loss.