If you have lost a loved one due to someone else’s negligence in Tennessee, understanding your legal rights is a critical first step toward justice. This guide covers Tennessee’s wrongful death laws, profiles three law firms that handle these cases, and answers the most important questions families face.
Introduction
Losing a family member due to another party’s negligence is devastating. Tennessee uses a hybrid wrongful death structure similar to Kentucky, operates under a 1-year statute of limitations – one of the shortest in the country – and imposes a $750,000 cap on non-economic damages. Immediate legal action is essential.
Tennessee Wrongful Death Laws
The Tennessee Wrongful Death Statute
Tennessee’s wrongful death law is governed by Tennessee Code § 20-5-106. Like Kentucky, Tennessee uses a hybrid structure – the wrongful death claim is brought through the survival statute rather than as a fully independent claim. This doctrinal difference affects how the lawsuit is structured.
Who Can File
The Personal Representative or specified family members – surviving spouse or children – may file.
Statute of Limitations
Tennessee imposes a 1-year statute of limitations, measured from the date of death. This is one of the shortest filing windows in the country. Immediate consultation with an attorney is absolutely critical.
Recoverable Damages
Tennessee allows recovery for pecuniary loss, loss of consortium, and funeral expenses. Tennessee imposes a $750,000 cap on non-economic damages (such as pain and suffering and loss of consortium), with a higher $1 million cap in cases involving catastrophic injuries. Economic damages remain uncapped.
Hybrid Structure
Tennessee’s wrongful death claim runs through the survival statute, requiring attorneys to be familiar with the specific procedural mechanics of Tennessee’s approach.
Top 3 Wrongful Death Attorneys in Tennessee
1. Crain & Wooley
Location: Memphis, TN (Serving statewide)
Phone: (901) 388-0188
Website: https://crainandwooley.com
A dominant force in Tennessee wrongful death litigation. Because of the strict 1-year statute of limitations, their rapid-response intake team works immediately to establish the legal framework – appointing the Personal Representative and locking in evidence – while their trial lawyers build the case. They are elite at maximizing uncapped economic damages to offset the non-economic cap.
2. The Higgins Firm
Location: Nashville, TN (Serving statewide)
Phone: (615) 353-0930
Website: https://higginsfirm.com
A highly respected trial firm in Tennessee with particular strength in medical malpractice and pharmaceutical wrongful death cases. They know exactly how to strategically hit Tennessee’s $750,000 non-economic cap while simultaneously pursuing completely uncapped economic losses, maximizing total recovery for the family.
3. Ponce Law
Location: Memphis, Nashville, Cookeville, TN
Phone: (901) 307-5307
Website: https://poncelaw.com
A well-resourced firm with statewide presence and a dedicated wrongful death team. They assist families with Tennessee’s hybrid legal structure and provide aggressive litigation support in fatal trucking, auto, and premises liability cases. Their multi-city presence allows rapid deployment of investigative resources across the state.
Frequently Asked Questions
Why does Tennessee only give one year to file?
Tennessee’s 1-year statute of limitations is among the shortest in the country. The clock begins on the date of death, and given the time needed to establish the estate and appoint a Personal Representative, families who delay risk permanently losing their right to file. Contacting an attorney within days of the death is the safest approach.
What is Tennessee’s non-economic damage cap?
Tennessee caps non-economic damages at $750,000 in most wrongful death cases, with a $1 million cap in cases involving catastrophic injuries. Economic damages – lost future income, medical expenses – are not subject to any cap. Maximizing the economic damages side of the case is therefore the primary litigation strategy.
What should I do immediately after losing a loved one due to negligence?
Contact a wrongful death attorney today. Tennessee’s 1-year deadline is unforgiving. Preserve all evidence and do not speak with insurance companies before consulting an attorney.
Closing
Tennessee’s 1-year deadline and non-economic cap make experienced, rapid-response legal representation essential. The firms listed above have the resources and expertise to act quickly and maximize recovery within Tennessee’s framework. If you have lost a loved one due to another party’s negligence, contact one of these attorneys today.
For immediate grief support, contact the National Alliance for Grieving Children at (866) 432-1542.