Breaking Down the Tennessee Code: Who Has Standing to Bring a Wrongful Death Claim for a Family Member’s Death in Knoxville?
It is unquestionably an unimaginable nightmare: you get a call in the middle of the night that your beloved family member – brother, father, mother, sister, aunt, grandparent, or child – has been killed in a car accident by a drunk or intoxicated driver. There is nothing you can do except cry, call your other friends and family members, and rush to the police station or hospital to say your last goodbyes and try to make sense of the terrible and unexpected accident. As the weeks go by, you learn that the driver that killed your loved one was on a bender and senselessly decided to drive drunk that evening, and your loved one is now dead. The person who caused the DUI car accident is now facing criminal charges, but you feel there should be more avenues to get justice for your loved one and your family. Do you have any recourse? The answer is potentially, under Tennessee personal injury wrongful death laws. But what exactly do Tennessee wrongful death laws do, and who can bring a wrongful death case in Knoxville after a loved one’s death? We answer those questions here.
Tennessee Wrongful Death Laws – What Are They and What Do They Do?
Simply put, Tennessee wrongful death laws enable certain close aggrieved family members to bring a claim in court if their family member was killed due to another driver or party’s negligent or otherwise at-fault conduct. Wrongful death laws give a party “standing” to bring a claim in court for the death of their loved one. Under Tennessee wrongful death laws, certain close family members of those who have been killed in negligently-caused car accidents may be able to recover important compensation for their loss, such as compensation for their emotional anguish, lost wages, funeral expenses, and more.
Who Can Bring Wrongful Death Claims in Knoxville?
The Tennessee Code expressly establishes who can bring wrongful death claims in Knoxville wrongful death cases. Under the Tennessee Code, first of all, the surviving spouse has the right to bring a wrongful death lawsuit for the loss of their spouse. The surviving spouse of the car accident victim has priority over other potential family members that have standing under the code to bring a wrongful death claim. Secondly, the children of the victim of a fatal car accident have the right to bring a wrongful death claim in court for the death of their parents. If there is no surviving spouse of the car accident victim, their children may be able to recover compensation for the loss of their parents in court. Finally, in the case that there is no surviving spouse or children, the surviving parents of a deceased car accident victim in Knoxville may be able to bring a claim in court. Of course, in order to determine whether you have standing to bring a wrongful death case for the loss of your loved one, it is best to speak with an experienced Knoxville wrongful death lawyer.
The experienced Knoxville wrongful death lawyers at the law firm Fox Farley Willis & Burnette PLLC are here to help Knoxville families get justice. Contact Fox Farley Willis & Burnette PLLC today and speak to a lawyer about your case now.
