The following section from Day on Torts Leading Cases in Tennessee Tort Law​​​ is out of date and should not be used. It remains a part of this site for historical purposes only. An updated version of the book is available by subscription at www.birddoglaw.com. (Additional information below.)

§78.3 Distribution of Proceeds

The Case: Kline v. Eyrich, 69 S.W.3d 197 (Tenn. 2002).

The Basic Facts: Plaintiffs were the wife and children of a man killed in a motorcycle accident who brought a wrongful death suit against the Defendant motorist. The children and wife initially filed separate suits, but the trial court then consolidated the cases, giving the wife the authority to prosecute the singular wrongful death action.

The Bottom Line:

  • "FN3. Proceeds of a wrongfuldeath action aredistributed according to the laws of intestatesuccession.See Foster v. Jeffers, [813 S.W.2d 449, 452 (Tenn. Ct. App. 1991)] ( '[I]t is the law in Tennessee that the proceeds from a wrongfuldeath action become personal property of the deceased and the court will look to the statutes on distributionof personalty as a guide [to distributing those proceeds ].' (citing Anderson v. Anderson, 211 Tenn. 566, 366 S.W.2d 755 (1963))." 69 S.W.3d at 201.

After an accident, many injury victims and their families want more information on the accident and their legal rights. Consequently, many of them have found their way to these pages. While we are happy you are here, please understand Day on Torts: Leading Cases in Tennessee Tort Law was written to be a quick, invaluable reference for Tennessee tort lawyers. While the book provides the leading case for more than 300 tort law subjects and thousands of related case citations, it is not a substitute for personalized legal advice from a qualified lawyer.

Rather than researching these legal issues alone, we urge you to contact one of our award-winning lawyers who can sit down with you, review your case, answer your questions and clearly explain your rights and your options in a no-cost, no-obligation consultation. Our experienced attorneys handle all personal injury and wrongful death cases on a contingency basis, so we only get paid if we win. If for any reason you are unable to come to our office, we will gladly come to you.

To schedule an appointment, contact us online or call us at 615-742-4880 or toll-free at 866.812.8787.

The foregoing is an excerpt from Day on Torts: Leading Cases in Tennessee Tort Law, published by John A. Day, Civil Trial Specialist, Fellow in the American College of Trial Lawyers, recipient of Best Lawyers in America recognition, Martindale-Hubbell AV® Preeminent™ rated attorney, and Top 100 Tennessee Mid-South Super Lawyers designee. Read John’s full bio here.

The book is now available electronically by subscription at www.birddoglaw.com. The new format allows us to keep the book current as new opinions are released. BirdDog Law also has John's Tennessee Law of Civil Trial and Compendium of Tennessee Tort Reform Statutes available by subscription, as well as multiple free resources to help Tennessee lawyers serve their clients

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