Wrongful Death of a Married Adult With Children

When a person is killed in an accident or due to another person’s negligence, his or her spouse may have the right to file a wrongful death claim and seek money damages against the person or company whose negligence caused the death.

Who Can File a Wrongful Death Claim for an Unmarried Adult With No Children?

If the person who dies was married, the surviving spouse usually has the right to file the wrongful death case. An executor or administrator of the decedent’s estate also has the right to bring a wrongful death case, but that right is almost always secondary to the right of the surviving spouse to bring the claim. In other words, if the spouse wants to bring the claim, the court will almost always grant the spouse the right to bring it even if the executor or the administrator of the decedent’s estate wants to bring a wrongful death lawsuit, too.

Sometimes the parents of the decedent believe that they have a right to sue for the death of their married son or daughter. They usually have no such right under Tennessee law. The exception to this rule is if it is determined that the surviving spouse “abandoned or willfully withdrew” from the decedent spouse during his or her life. This is a complicated area of the law and a full understanding of all the facts are necessary before one can say whether the pre-death relationship between the two spouses impacts the right of the surviving spouse initiate a wrongful death lawsuit. Even if the surviving spouse is determined to have abandoned or willfully withdrawn from the deceased spouse, the children of the decedent will have a superior right to bring the wrongful death lawsuit.

Who Will Receive Any Wrongful Death Proceeds?

In the case of the wrongful death of a married adult with children, the decedent’s spouse and children are persons entitled to receive any money recovered in a wrongful death lawsuit. The net recovery in the wrongful death lawsuit is divided in this way:

1. If the decedent is survived by a spouse and one child, each of them is entitled to one-half of the net proceeds.
2. If the decedent is survived by a spouse and two children, each of them is entitled to one-third of the net proceeds.
3. If the decedent is survived by a spouse and three (or more) children, the surviving spouse is entitled to one-third of the net proceeds and the children equally divide the remaining two-thirds of the net proceeds.

Different rules apply if it is determined that the surviving spouse “abandoned or willfully withdrew” from the decedent spouse during his or her life. This is a complicated area of the law and a full understanding of all of the facts are necessary before one can say whether the pre-death relationship between the two spouses impacts the right of the surviving spouse to receive the proceeds of a wrongful death settlement. But, if it is determined that the surviving spouse abandoned or willfully withdrew from the decedent spouse during his or her life, the survivor forfeits his or her right to any recovery and the net proceeds of the wrongful death case are divided equally between the children.

What Damages Can Be Recovered for the Death of a Spouse and Parent?

Tennessee generally allows for recovery of the following categories or damages in the case of the death of an adult: (1) medical bills for treatment of the injuries that resulted in death; (2) funeral expenses; (3) conscious pain and suffering from the time of injury to the time of death; (4) loss of earning capacity between the time of injury and the time of death; (5) loss of enjoyment of life between the time of injury and death; and (6) 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 impacting the surviving spouse

If the 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.

How Much Time is Allowed to File a Wrongful Death Claim for a Spouse and Parent?

Tennessee law sets a one-year time limit for the filing of a wrongful death case. This means that the 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 and experienced 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.

If you have experienced the death of your spouse 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, meaning 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:

1. Who has the right to file a wrongful death claim or lawsuit?
2. How did the accident happen and who is to blame?
3. What types of damages are recoverable in a wrongful death suit?
4. What is the deadline for bringing a wrongful death suit in Tennessee?

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