Damages Available in a Tennessee Wrongful Death Case

Losing a loved one is devastating.  As you are grieving, you may be starting to ask questions.  What exactly caused the death?  Who is responsible?  If there was negligence, can that person be held liable? 

Wrongful death lawsuits often involve a workplace accident, car accident, defective product, drunk driving accident, semi truck accident or motorcycle crash.   In Tennessee, you can file a wrongful death claim if negligence was to blame for your loved one’s death.  The defendant can be held accountable and you may be able to recover monetary damages. 

Under the Tennessee Wrongful Death Statute, general damages include pecuniary value of the deceased, pain and suffering, medical expenses and funeral costs.  Pecuniary value is determined by the deceased person’s age, life expectancy, health, capacity for work, income and habits of “sobriety and industry.”

Tennessee courts have also allowed families to recover compensation for the loss of companionship, love and affection.  In the case of Jordan v. Baptist Three Rivers Hospital, 984 S. W.2d 593 (Teen. 1999), it was stated that “An individual family member has value to others as part of a functioning social and economic unit. This value necessarily includes the value of mutual society and protection, i.e., human companionship. Human companionship has a definite, substantial and ascertainable pecuniary value, and its loss forms a part of the value of the life we seek to ascertain.”

If you have lost a loved one and believe negligence was involved, contact a Nashville wrongful death lawyer at Phillip Miller & Associates at (615) 356-2000 or (800) 337-HURT for a free legal consultation today.