The wrongful death statute of limitations in Tennessee generally gives you one year to file a legal claim against the liable party. That clock runs by fast when you consider that an investigation, medical bills, funeral planning, and— of course—grieving are all part of this unimaginable process.
It’s important to connect with a Franklin wrongful death lawyer as soon as possible to discuss the specific timelines on your family’s claim.
“There’s no set timeline for how long it takes to resolve a claim after the loss of a loved one, and I won’t pretend otherwise. What I can promise is that my firm will work to keep your time in the legal system as short as possible. Settlement negotiations, and especially a lawsuit, can still take real time to see through. We’ll be honest with you every step of the way about where things stand and what to expect next.” – John Griffith, Lead Counsel.
What’s Tennessee’s Wrongful Death Statute of Limitations?
Tennessee has a one-year time limit for wrongful death claims, though certain situations may shift this deadline. Family members must take action before the deadline passes, or they lose their chance to seek compensation for their losses under Tennessee law.
In fact, if you wait too long, the court can dismiss any wrongful death lawsuit that you attempt to file. The legal team at GriffithLaw Injury Lawyers can give you more information about how long you have to move forward with a claim after losing a loved one.
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When Does the Countdown for the Statute of Limitations Start?
In Tennessee, the deadline to file your claim after a fatal accident starts from the date when the accident occurred. Note that this means the clock could start ticking before your loved one passes.
For example, let’s say that your loved one sustains critical injuries in a motorcycle crash. Paramedics take your loved one to a hospital, where they receive care for two weeks before they succumb to their injuries.
The one-year statute of limitations begins running on the day of the accident, not the day that you lose your loved one. Keep this time limit in mind when proceeding with your legal claim. You can also learn more about the limitation of actions in Tennessee wrongful death cases from GriffithLaw Injury Lawyers.
Are There Exceptions to the Statute of Limitations?
Several exceptions apply to the statute of limitations for wrongful death cases in Tennessee. These exceptions can apply if:
- The deceased was considered incompetent at the time of the deadly accident
- The person who caused the deadly accident faced certain criminal charges
- The death involved sexual assault
In some cases, other circumstances could extend the deadline. Your attorney can tell you more about what the wrongful death statute of limitations is in Tennessee for your specific situation.
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Move Quickly to Determine if You Can File a Wrongful Death Claim
The laws in Tennessee only permit specific family members to file a legal claim after a fatal accident. Generally, a spouse has the right to take this legal action. If the deceased was not married, other family members may file a claim, including surviving children, next of kin, and parents.
In some cases, a personal representative for the deceased will have to file this kind of claim instead of a surviving family member. The attorneys at GriffithLaw Injury Lawyers can provide more information about who can move forward with a civil claim after a deadly accident.
It’s important to quickly determine who can file the claim, so you can take legal action before the statute of limitations expires.
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Frequently Asked Questions About Wrongful Death Claims
The lawyers at GriffithLaw Injury Lawyers are ready to answer any questions you have after the loss of a loved one. You can reach out if you have questions like:
When can I file a wrongful death claim?
You can file a wrongful death claim as an approved family member or personal representative after the loss of a loved one due to someone else’s negligence. For example, you could file a claim after an:
- Act of medical malpractice
- Car accident
- Truck accident
- Motorcycle accident
- Accident caused by defective products
An attorney will need to carefully review your family’s situation to determine if you qualify to file this type of claim.
What will a wrongful death claim cover?
Filing a legal claim against the negligent party after the loss of a loved one can allow your family to secure compensation to cover:
- A loved one’s funeral and burial expenses
- Your loved one’s medical expenses
- The wages or benefits your loved one would have earned if they lived
- The mental and physical suffering your loved one experienced
Additionally, the negligent party could have to cover your loss of companionship, society, guidance, care, and love. While money cannot bring back your loved one, it can help you cover the unexpected financial pressures associated with a fatal accident. Additionally, filing a claim could help your family get a sense of closure.
Will my family get punitive damages?
The court system in Tennessee may award punitive damages to your family in some cases. These damages punish the party responsible for the loss of your loved one, and they do not directly address the losses you sustained.
How long does a wrongful death claim take?
The time it takes to resolve a legal claim after a fatal accident varies. Your attorney can focus on minimizing the time you have to spend going through the legal system, but you should expect to spend a considerable time handling settlement negotiations or a lawsuit.
Talk to Us After Losing a Loved One in Tennessee
So, what is the wrongful death statute of limitations in Tennessee? Generally, our state gives grieving families one year from the time of a deadly accident to take legal action against the liable party.
While time limits for filing a lawsuit after a serious accident may vary, the best time to get a lawyer’s advice is always as soon as possible. Our lawyers at GriffithLaw Injury Lawyers can discuss your next steps in your free initial consultation, and we do not collect anything unless we secure a recovery for you because there’s no fee unless we win.
To learn more about your claim, please reach out to us today. We’re here and ready to offer the legal assistance you deserve.
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