Losing a loved one is always devastating, but that pain is compounded when their death was caused by someone else's negligence or wrongdoing. As you grieve this profound loss, you may also be grappling with medical bills, funeral expenses, and the loss of income your family relied on. While no amount of money can bring back your loved one, filing a wrongful death claim can provide a measure of justice and financial support during this difficult time.
At Pete Olson Injury Law, we understand the emotional turmoil and legal complexities that grieving families face after a tragic loss. Our compassionate Clarksville wrongful death attorneys are here to guide you through the process and fight for the compensation your family deserves. One of the most critical aspects of pursuing a successful wrongful death claim is understanding and complying with Tennessee's statute of limitations.
Understanding Tennessee's One-Year Statute of Limitations
In Tennessee, the general statute of limitations for wrongful death lawsuits is one year from the date of the deceased person's death. This means that if your loved one died due to someone else's negligence or intentional actions, you typically have just 12 months to file a lawsuit seeking damages.
Tennessee's one-year time limit is relatively short compared to many other states. It's crucial to consult with an experienced wrongful death lawyer as soon as possible to ensure your claim is filed before the statute of limitations expires. If you miss this deadline, the court will likely dismiss your case, and you'll lose your right to seek compensation through the legal system.
Exceptions That May Extend the Filing Deadline
While the one-year statute of limitations applies in most situations, some exceptions may give you additional time to file a wrongful death lawsuit in Tennessee.
The Discovery Rule
In some cases, the cause of a person's death may not be immediately apparent. For example, if a loved one died due to a medical misdiagnosis or exposure to a toxic substance or hazard, the connection between the negligent act and the death might not be discovered until later.
Under Tennessee's "discovery rule," the one-year clock may not start ticking until the cause of death is discovered or should have been discovered through reasonable diligence. However, this exception is applied narrowly and often requires compelling evidence to demonstrate why the cause of death was not initially known.
Criminal Charges
If the actions that caused your loved one's death also lead to criminal charges filed against the responsible party, the statute of limitations for a wrongful death lawsuit may be extended. In these situations, you have two years from the date of death to file a civil claim, rather than the standard one-year deadline.
This extension acknowledges the additional time and resources often required to investigate and prosecute criminal cases, giving families more opportunity to pursue justice through the civil court system as well.
Minor Children
When the deceased person has minor children, the statute of limitations may be "tolled," or paused, until the child reaches age 18. This means that if the deceased person's child is 10 years old at the time of death, the one-year clock would not begin running until the child's 18th birthday.
However, it's important to note that this exception applies only to the child's right to file a claim, not to other family members or the estate. Keep in mind that waiting to file a claim until the child reaches adulthood may present challenges in gathering evidence and locating witnesses.
Factors That Can Impact Your Time to File
Even if you believe you have ample time to file a wrongful death lawsuit based on the standard one-year statute of limitations, various factors can impact your timeline and may require swift action.
Preserving Evidence
As time passes, critical evidence supporting your wrongful death claim may be lost or destroyed. Physical evidence may deteriorate, witnesses' memories may fade, and important documents could be misplaced. By consulting with a skilled Nashville wrongful death attorney early on, you can take proactive steps to gather and preserve vital evidence before it disappears.
Insurance Company Tactics
In many wrongful death cases, insurance companies representing the at-fault party will be involved. These insurers often employ tactics to delay, deny, or minimize payouts on valid claims. They may offer a quick settlement that doesn't fully account for your family's long-term needs or pressure you into making a statement that could be used against you later.
Working with an experienced injury attorney can help you navigate these challenges and ensure your rights are protected throughout the process.
Investigating Complex Cases
Some wrongful death cases, such as those involving defective products, medical malpractice, or multiple liable parties, can be highly complex and require extensive investigation. The sooner you involve a knowledgeable legal team, the more time they'll have to unravel the intricacies of your case and build a strong foundation for your claim.
How Pete Olson Injury Law Can Help
At Pete Olson Injury Law, we understand that the aftermath of a loved one's untimely death is overwhelming. You may feel like you're barely keeping your head above water as you deal with grief, family obligations, and financial stresses. Our dedicated team is here to shoulder the legal burden and fight for the justice your loved one deserves.
While the one-year statute of limitations for Tennessee wrongful death claims is strict, don't let the fear of missing a deadline prevent you from exploring your legal options. Our wrongful death attorneys will listen to your story with compassion, explain your rights, and develop a strategy tailored to your family's unique needs. Together, we can hold the responsible parties accountable and seek the resources you need to begin healing.