Find Local Law

Tennessee Wrongful Death Claims

Tennessee's wrongful death action (T.C.A. § 20-5-106 et seq.) continues the deceased person's own claim for the benefit of survivors. The right to bring it follows a priority order — surviving spouse, then children or next of kin — and damages include both the decedent's own losses and the pecuniary value of their life to survivors. The one-year deadline generally applies.

By Find Local Law Editorial Team · Last reviewed: May 25, 2026

Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.

This is general information, not legal advice. Talk to a Tennessee attorney promptly — the one-year deadline generally applies.

When negligence causes a death in Tennessee, the family’s remedy is a wrongful death action under T.C.A. § 20-5-106 et seq. A distinctive feature of Tennessee law: the claim continues the deceased person’s own cause of action for the benefit of survivors, rather than creating a brand-new claim in the survivors.

Who can bring the claim

The right to bring the action follows a priority order (T.C.A. § 20-5-106):

  • The surviving spouse;
  • If none, the children or next of kin;
  • Or a personal representative acting for the benefit of the spouse or next of kin.

A surviving spouse’s right can be waived or forfeited if they abandoned the deceased (a two-year rebuttable presumption applies).

What damages are recoverable

Tennessee allows two categories of damages (T.C.A. § 20-5-113):

  • The decedent’s own losses — medical expenses, the decedent’s pain and suffering, lost time, and funeral expenses; and
  • The “pecuniary value of the decedent’s life” to the survivors — lost earning capacity over their life expectancy, and loss of consortium (spousal and parent/child).

(Note: Tennessee’s noneconomic damages cap has a higher “catastrophic” tier that includes the wrongful death of a parent of a minor child — see the personal injury overview.)

The deadline

Because wrongful death continues the decedent’s claim, the one-year deadline (T.C.A. § 28-3-104) generally applies, typically running from the date of death. To get matched with a local Tennessee wrongful death attorney, connect with a lawyer.

Connect with a local attorney

Tell us about your situation and we'll match you with a local California attorney who handles matters like yours. Free, no obligation.

Start your free intake

Frequently asked questions

Who can file a wrongful death suit in Tennessee?
In priority order: the surviving spouse; if none, the children or next of kin; or a personal representative for their benefit (T.C.A. § 20-5-106). A surviving spouse's right can be forfeited for abandonment of the deceased.
What damages are available in a Tennessee wrongful death case?
Two categories (T.C.A. § 20-5-113): the losses the deceased could have recovered (medical expenses, their pain and suffering, funeral costs) and the 'pecuniary value' of their life to survivors — including lost earning capacity and loss of consortium.
How long do families have to file?
Generally one year (T.C.A. § 28-3-104), since wrongful death continues the decedent's own cause of action. Because the deadline is short and accrual can be nuanced, get legal advice promptly.

Sources

Related guides

  • Tennessee Bus Accident Claims Bus accident claims in Tennessee depend on who owns the bus. Private carriers are ordinary negligence claims. But claims against a public bus (city transit, a school bus) fall under the Governmental Tort Liability Act (T.C.A. § 29-20-101 et seq.), which has strict deadlines, caps recovery ($300,000 per person / $700,000 per accident), and bars punitive damages.
  • Tennessee Car Accident Claims Tennessee is an at-fault state, so the driver who caused a crash (through their insurer) is responsible for the other party's damages. Claims are ordinary negligence cases governed by the strict one-year filing deadline (T.C.A. § 28-3-104) and modified comparative fault. Drivers must carry at least 25/50/15 liability coverage.
  • Tennessee Medical Malpractice (Health Care Liability) Tennessee calls medical malpractice a 'health care liability action,' and it has strict, distinctive procedural traps: you must give each provider 60 days' written pre-suit notice (T.C.A. § 29-26-121) and file a certificate of good faith with the complaint (§ 29-26-122). The one-year deadline applies, with a three-year statute of repose as the outer limit (§ 29-26-116).
  • Tennessee Motorcycle Accident Claims Motorcycle crash claims in Tennessee are negligence cases under the same one-year deadline and comparative-fault rules as other vehicle accidents. Tennessee has a universal helmet law (T.C.A. § 55-9-302) requiring all riders and passengers to wear a helmet, and how helmet use affects a claim is a fact-specific comparative-fault question.
  • Tennessee Nursing Home Abuse & Neglect Claims Many Tennessee nursing home abuse and neglect claims are classified as 'health care liability actions,' meaning the pre-suit notice (T.C.A. § 29-26-121) and certificate-of-good-faith (§ 29-26-122) requirements may apply. Whether a specific claim falls under those rules is fact-specific, and conduct may also support abuse/neglect theories.
  • Tennessee Pedestrian Accident Claims A pedestrian hurt by a driver's negligence in Tennessee can bring a claim under the same one-year deadline and comparative-fault rules as other accidents. Drivers must yield to pedestrians lawfully in a crosswalk, while pedestrians crossing outside one generally must yield — and a pedestrian's own fault can reduce or, at 50% or more, bar recovery.

← Back to Personal Injury