Wrongful Death Litigation in Tennessee
February 13, 2026
Home » Insights »

Wrongful Death Litigation in Tennessee: Protecting Families After Tragedy

When a loved one dies due to another’s negligence or wrongful act, Tennessee law provides surviving family members a pathway to seek justice through a wrongful death claim. This legal action holds responsible parties accountable and helps secure financial stability for those left behind. At Hagar & Phillips Law Firm in Lebanon, Tennessee, we guide families through Tennessee’s specific wrongful death statutes with compassion.

Tennessee’s Definition of Wrongful Death

Under Tennessee Code Annotated § 20-5-106, a wrongful death claim arises when someone dies from the wrongful act, fault, or omission of another—circumstances where the deceased could have filed a personal injury lawsuit if they had survived. This includes fatal car accidents, medical malpractice, premises liability, defective products, and certain criminal acts. The claim benefits designated surviving family members and the deceased’s estate.

Who Can File Under Tennessee Law?

Tennessee establishes a clear hierarchy for who may pursue a wrongful death lawsuit. The surviving spouse has priority. If there is no spouse, the right passes to the deceased’s children, then to surviving parents, and finally to the estate’s personal representative. Disputes over standing, such as between a spouse and adult children, can complicate matters, making early legal consultation essential to establish proper authority and avoid procedural missteps.

Recoverable Damages in Tennessee Wrongful Death Cases

Tennessee law allows recovery for damages the deceased could have claimed if alive, such as medical bills from the fatal injury, conscious pain and suffering, and lost wages up to the time of death. Families can also seek compensation for their own losses, including the deceased’s future earning capacity, loss of consortium, companionship, and the pecuniary value of the deceased’s life. Funeral expenses are recoverable, and punitive damages may apply in cases of particularly egregious conduct, though subject to strict limitations.

Tennessee’s Strict One-Year Deadline

Tennessee imposes one of the nation’s shortest statutes of limitations for wrongful death claims: one year from the date of death in most cases. Certain medical malpractice deaths or situations where the cause was not immediately discoverable may have different rules, but extensions are rare and unpredictable. Missing this deadline typically bars the claim permanently, regardless of its merits. Prompt action preserves evidence like accident reports, medical records, and witness statements while protecting your legal rights.

How Hagar & Phillips Protects Tennessee Families

Navigating Tennessee’s wrongful death laws demands precise compliance with state statutes and case law. Our team at Hagar & Phillips Law Firm helps by determining proper standing, investigating liability, documenting economic and emotional losses, negotiating with insurers, and litigating when settlements fall short. We handle the complex legal burden so grieving families can focus on healing.

If negligence or wrongdoing caused the death of your loved one in Middle Tennessee, don’t navigate Tennessee’s wrongful death laws alone. Contact Hagar & Phillips in Lebanon today at 615-784-4588 for a confidential consultation to understand your rights and protect your family’s future.

‍

The information provided on this blog is meant for general informational purposes only and should not be construed as medical or legal advice. While we strive to provide accurate and up-to-date information, we make no representations or warranties of any kind regarding the completeness, accuracy, reliability, or suitability of the blog content. Any reliance on this information is at your own risk. This blog may discuss legal topics, but for advice specific to your situation, consult a qualified attorney. We do not assume responsibility for actions taken based on the information herein. We are not liable for any losses or damages resulting from the use of this blog. Links to other websites are not endorsements, and technical issues may affect blog availability. By using this blog, you agree to this disclaimer. Hagar Phillips Attorneys At Law
Recent Articles |  View All
Choosing Someone to Handle Your Estate: What Tennessee Families Should Consider
When people think about estate planning, they often focus on who will inherit their home, savings, or personal belongings. Another decision deserves just as much attention: choosing the person who will handle the estate.
Read Post
Buying Into a Tennessee Business? Questions to Ask Before Becoming a Co-Owner
Becoming a co-owner of a business can be an exciting opportunity. You may be joining a company you already work for, investing in a friend’s venture, or purchasing an interest in an established local business.
Read Post
What Happens to Shared Debt During a Divorce in Lebanon, Tennessee?
When couples discuss divorce, the family home, retirement accounts, and other assets often receive the most attention. However, dividing financial obligations can be just as important as dividing property.
Read Post