Wrongful Death Lawsuits in Tennessee

In Tennessee, the injured person's own claim passes on at death. The action may be brought by the personal representative, or by the surviving spouse in their own name; if there is no surviving spouse, by the children or next of kin. In some cases parents (or adoptive parents) hold the right. A parent cannot recover until all child-support arrears are paid, and a parent who intentionally failed to pay support and to visit for two years is barred. A surviving spouse who abandoned the person who died (or willfully withdrew for two years) loses the right to sue and to share in the proceeds. The recovery is free from claims of the person's creditors.

Noneconomic damages (such as pain and suffering and family members' loss of consortium) are capped at $750,000 per injured plaintiff in civil actions, or $1,000,000 for catastrophic injuries (paraplegia or quadriplegia from spinal cord injury, amputation of two hands or feet or one of each, third-degree burns over 40% of the body or face, or wrongful death of a parent leaving a minor child). Economic damages are not capped. The caps do not apply if the defendant intended serious injury, intentionally destroyed or hid records to avoid liability, was impaired by alcohol or drugs, or was convicted of a felony for the conduct. The jury is not told about the caps. A further limit of $375,000 ($750,000 if catastrophic) applies, for cases filed on or after July 1, 2027, to owners of uninsured vehicles who received three or more notices of noncompliance.