The death of a child is every parent’s worst nightmare. When a child is killed because of another person’s negligence, the parents of that child may have the right to bring a wrongful death case. This page explains the legal rights that may arise under Tennessee law when the death of a minor child occurs.
What Type of Incidents Can Give Rise to the Wrongful Death of a Child?A child death can give rise to a claim for wrongful death under all of the same circumstances as the death of an adult. Deaths arise in car wrecks, truck wrecks, motorcycle wrecks, scooter wrecks, bicycle wrecks, pedestrian wrecks, boating-related accidents, jet ski accidents, medical errors, defects in property or products, dog attacks, amusement rides, airplane crashes, food poisoning, food allergy poisoning, sexual assault, and even murder.
Who Can File a Wrongful Death Claim for the Death of a Child?The married parents of a minor child generally have the right to bring a wrongful death claim for the death of that child. If the parents are not married, either parent has the right to file the lawsuit. Note, though, that under Tennessee law, only one wrongful death case can be filed. If multiple cases are filed for the same death, the court will consolidate the cases.
When Must the Wrongful Death Claim Be Filed?Like other wrongful death claims, Tennessee law sets a one-year time limit for the filing of a wrongful death of a child case. This means that your lawsuit must be filed within one year from the date of the injury that caused the death. While there are some narrow exceptions, the one-year rule generally applies, which means that contacting a reputable attorney as soon as possible is imperative for preserving your claim. This page explains more about the time limitations for filing a wrongful death claim.
What Kinds of Damages Can Be Recovered for the Death of a Child?Tennessee law allows for the following damages in a wrongful death case for the death of a minor child: (a) medical bills for treatment of the injuries that resulted in death; (b) funeral expenses; (c) conscious pain and suffering from the time of the injury until the time of death; (d) loss of enjoyment of life between the injury and death; and (e) the pecuniary value of life.
The “pecuniary value of life” is essentially the amount of money the deceased would have earned over the course of his or her life minus the amount that would have been needed for certain living expenses. This measure of damages can also include an award for loss of consortium, which is the loss of love, society, and affection.
If the child’s death was caused by reckless or intentional misconduct, the parents may also seek punitive damages. Punitive damages are designed to punish the wrongdoer and deter similar future behavior.
It is important to note that Tennessee has certain limits on the amount that can be recovered for loss of consortium and punitive damages in wrongful death cases. To read more about those limits and to see more details about the types of damages that might be recovered, you can visit this page.
Who Can Recover Damages for the Wrongful Death of a Minor Child?The person(s) who have the right to file a lawsuit often are (but may not be) the persons who are entitled to any monetary recovery for the death of a child.
Tennessee law dictates how the proceeds of a wrongful death lawsuit are distributed. When the person who was killed is a child, that child’s parents will typically receive any damages recovered.
In certain situations, however, one parent may not be entitled to an equal portion of the damages. If one parent owes child support arrearages for the child who died, those amounts must be paid in full before that parent can recover any wrongful death damages. Note that these arrearages would not affect the parent’s ability to file the wrongful death claim, but they must be paid before that parent can share in the wrongful death recovery.
Further, if a parent has abandoned the child who was killed, Tennessee law bars that parent from recovering wrongful death damages. Under Tennessee’s wrongful death statutes, abandonment occurs when a parent has intentionally not paid child support for two years or more, despite a court order to do so, and has intentionally not contacted or visited the child during that time period.
If you have experienced the accidental death of a child and want to explore your potential options, contact one of our experienced wrongful death attorneys as soon as possible. We handle wrongful death cases throughout the State of Tennessee, and we offer a free initial consultation. If we think you have a case, we will handle your claim on a contingency fee basis. This means that we only get paid if we recover money for you and your family. You can contact us online or at one of our three office locations.
Nashville: 615-669-3993
Murfreesboro: 615-867-9900
Brentwood: 615-742-4880
For more information on wrongful death cases in Tennessee, you can also visit these links: