Thousands of children die every year because of car, truck, bicycle, and golf cart wrecks and other events. This page explains the legal rights that may arise under Tennessee law when such a tragedy occurs to a child of divorced parents.
What Happens in Tennessee When a Child Dies and the Parents Are Divorced?When a child dies in an accident or due to another person’s negligence, the parents of that child may have the right to bring a wrongful death case. If those parents are divorced, however, questions may arise as to who should file the lawsuit.
Who Can File the Wrongful Death Claim for the Death of the Child?The parents of a minor child generally have the right to bring a wrongful death claim for the death of that child. When the parents are divorced, or if they were never married, Tennessee law provides that either parent has the right to file a wrongful death action.
Does a Divorce Affect Who Can Recover Damages for the Death of a Minor Child?Under Tennessee law, a child’s parents will typically recover any wrongful death damages.
In certain circumstances involving divorced parents, 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 died, 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.
What 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. In the case of divorced parents, the ways in which these costs were divided between the parents may affect the distribution of any recovery.
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.
How Much Time is Allowed for Filing a Wrongful Death Claim for the Death of a Minor Child?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 the lawsuit must be filed within one year from the date of the injury that caused the death. In the case of divorced parents, it is critical to ensure that at least one parent files the case in a timely manner to preserve the claim. 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.
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. If you are a divorced parent and are not sure who should file the claim, our team can help you navigate this complicated area of law. 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: