State file: Tennessee

Wrongful Death Attorneys in Tennessee: Your Complete Legal Guide

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1 year General deadline, as the table of this guide gives it. Exceptions are in the guide.

The most important date in a Tennessee wrongful death case may not be the date of death. The one-year limitations period for a wrongful death claim generally runs from the date of the injury that resulted in death, so when someone is hurt and dies days or months later, part of that year has already passed. Tennessee also treats the claim as the deceased person’s own claim passing to the family: one lawsuit covers both the person’s suffering before death and the family’s losses. Noneconomic damages are capped at $750,000, rising to $1,000,000 when a parent dies leaving a minor child.

Tennessee Wrongful Death at a Glance

Question Tennessee answer
Who files the lawsuit? The surviving spouse in their own name or the personal representative; if there is no spouse, the children or next of kin (T.C.A. 20-5-107)
Whose claim is it? The deceased person's right of action passes to the spouse, then to the children or next of kin (T.C.A. 20-5-106)
Filing deadline One year, generally from the injury that resulted in death
Medical cases Written notice to each provider at least 60 days before filing; proper notice extends the deadline by 120 days (T.C.A. 29-26-121)
Damages The deceased's suffering, lost time and expenses, plus the beneficiaries' losses from the death (T.C.A. 20-5-113)
Noneconomic cap $750,000; $1,000,000 for the death of a parent leaving a minor child (T.C.A. 29-39-102)
Fault rule Recovery is barred if the decedent's fault is 50% or more (T.C.A. 29-39-102(b))

The One-Year Deadline Starts at the Injury

According to the Tennessee Bar Association, Tennessee has no separate limitations statute for wrongful death; the one-year personal injury period in T.C.A. 28-3-104(a)(1) governs, and, citing Jones v. Black (Tenn. 1976), that year “begins to run (‘accrues’) on the date of the injury, not the date of death” (Tennessee Bar Association, Limitation of Actions in Tennessee Wrongful Death Cases). The same article notes exceptions that can change the date, including death caused by a criminal act giving rise to charges, incompetency and the discovery rule.

A family that counts one year from the funeral can be too late.

Health care liability. When a health care provider’s negligence is involved, two more rules apply:

  • The deadline. The period is one year, or one year from discovery if the injury was not discovered within that year, but no action may be brought more than three years after the negligent act or omission unless the defendant fraudulently concealed it (T.C.A. 29-26-116(a)).
  • Pre-suit notice. The claimant must give written notice of the potential claim to each health care provider who will be named as a defendant at least sixty days before filing the complaint. When notice is properly given, the limitations and repose periods are extended by 120 days (T.C.A. 29-26-121).

Who Brings the Case

In Tennessee the deceased person’s right of action does not end at death. It “shall pass to the person’s surviving spouse and, in case there is no surviving spouse, to the person’s children or next of kin,” with alternatives for the personal representative and, depending on custody, for natural or adoptive parents (T.C.A. 20-5-106(a)).

The lawsuit may be filed by the personal representative or by the surviving spouse in the spouse’s own name; if there is no surviving spouse, the children or next of kin may file (T.C.A. 20-5-107(a)). A child may sue for the death of a parent (T.C.A. 20-5-107(d)).

When a spouse loses the right. If the children or next of kin establish that the surviving spouse abandoned the deceased spouse, or willfully withdrew for two years, the spouse’s right to bring the action and to collect proceeds is waived. Once two years have passed since the abandonment or withdrawal, abandonment is presumed, subject to rebuttal (T.C.A. 20-5-106(c), 20-5-107(e)).

When a parent loses the right. A parent cannot recover until all child support arrearages and interest have been paid in full. A parent who, while under a support order, intentionally refused or neglected to pay support for two years (or the child’s life, if shorter) and intentionally refused or neglected to contact or visit the child during that period cannot recover at all (T.C.A. 20-5-107(b)-(c)).

Creditors and trusts. Funds recovered are “free from the claims of creditors.” For a minor or legally incompetent beneficiary, the court may direct some or all of the funds into a trust for that beneficiary when that is in the beneficiary’s best interest (T.C.A. 20-5-106).

One Claim, Two Kinds of Damages

Because the claim is the deceased person’s own claim carried forward, T.C.A. 20-5-113 allows recovery for two things in the same action:

  1. What the deceased person suffered: “the mental and physical suffering, loss of time and necessary expenses resulting to the deceased from the personal injuries”; and
  2. What the family lost: “the damages resulting to the parties for whose use and benefit the right of action survives from the death.”

So the person’s pre-death suffering is claimed in the wrongful death action itself.

The Noneconomic Damages Cap

T.C.A. 29-39-102 limits noneconomic damages for each injured plaintiff to $750,000 for all injuries and occurrences that were or could have been asserted. Economic damages are not capped. The limit is an aggregate: it includes damages for pain and suffering and any claims of a spouse or children for loss of consortium (T.C.A. 29-39-102(e)).

The $1,000,000 tier. The limit rises to $1,000,000 for a “catastrophic loss or injury.” One of the listed categories applies only to deaths: the “wrongful death of a parent leaving a surviving minor child or children for whom the deceased parent had lawful rights of custody or visitation” (T.C.A. 29-39-102(d)(4)). If the facts are disputed, the jury decides by special verdict whether the loss is catastrophic.

How the Decedent’s Fault Affects the Claim

Tennessee applies modified comparative fault. In a wrongful death action, recovery for any damages is barred if “the fault of the decedent” is equal to or greater than fifty percent. When several defendants are found liable, the noneconomic damages, up to the $750,000 limit, are apportioned among them by their percentages of fault (T.C.A. 29-39-102(b)).

The firm listings below are separate from the legal information above. Statements about the law in a firm description are not part of this guide’s legal review.

Top 3 Wrongful Death Attorneys in Tennessee

1. Crain & Wooley

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

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

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

If an injury happens in March and the death in June, when does the year end?

Generally one year after the March injury, not the June death, subject to the exceptions noted above.

Who has the first right to file?

The right passes first to the surviving spouse, who may file in their own name. Children and next of kin file when there is no surviving spouse, unless they establish that the spouse abandoned or willfully withdrew from the deceased, in which case the spouse’s right is waived.

When does the $1,000,000 limit apply instead of $750,000?

In a death case, when the person who died was a parent leaving a minor child for whom the parent had lawful custody or visitation rights. Other catastrophic categories in the statute concern severe injuries rather than deaths.

Will the hospital be notified before the lawsuit is filed?

Yes, it must be. Each health care provider to be named as a defendant must receive written notice of the potential claim at least sixty days before the complaint is filed.

Sources and Last Review

Tennessee Code Annotated sections 20-5-106, 20-5-107, 20-5-113, 28-3-104, 29-26-116, 29-26-121 and 29-39-102; Tennessee Bar Association, Limitation of Actions in Tennessee Wrongful Death Cases. Legal information reviewed October 2026. This page is general information about Tennessee law, not legal advice about a specific death.