Wrongful Death as a Result of Murder

When a person is killed in an accident, his or her loved ones may have the right to file a wrongful death claim. But what if the killing was intentional? How does a civil wrongful death lawsuit work when a person is murdered?

When a person is killed intentionally, criminal charges are likely to be filed by the proper authorities. While the criminal case determines whether the perpetrator will be punished by the State, the victim’s family may wish to seek financial compensation from the perpetrator through a civil wrongful death lawsuit. The wrongful death lawsuit is separate from the criminal charges and must be filed within one year of the date of the murder, even if the criminal case is still pending.

While similar evidence is likely to be used in both the criminal and civil case, the family members seeking wrongful death damages in the civil case have a lower burden of proof than the criminal proceeding. A criminal prosecutor must show that a defendant is guilty beyond a reasonable doubt. In a civil wrongful death case, however, the family members need only show that it is more likely than not that the defendant caused the death. Because of these different standards, a perpetrator may be held liable for financial damages in a civil wrongful death suit even in cases where they were found not guilty of criminal charges.

Tennessee’s wrongful death statute does not distinguish between deaths caused by accidents and deaths caused by intentional acts. No matter the cause of death, then, the law regarding who can file the lawsuit and who can recover is the same.

Tennessee law sets up an order of priority for who has the right to file a wrongful death suit. If the person who died was an adult, a surviving spouse typically has the highest priority, followed by surviving children. If there is no surviving spouse or children, the person’s parents may file.

If the person who was killed was a minor, his or her parents have the right to file the case. To read more detail about who can file a wrongful death claim, please visit this page.

If a civil suit for wrongful death is successful, proceeds recovered will be distributed according to Tennessee law. If the deceased person was married, the surviving spouse is entitled to recover any damages. If the deceased person was married with children, the money is divided equally between the surviving spouse and children, although the spouse is entitled to at least one-third. If there are three of more surviving children, then, the spouse would receive one-third and the surviving children would split the remaining two-thirds. If the deceased person was not married but did have children, the children would divide the proceeds equally. If the deceased person had no surviving spouse or children, his or her parents would receive any proceeds of the lawsuit.

There is an important caveat to determining who can recover wrongful death proceeds. If a person who is entitled to recover under Tennessee law contributed to the death, he or she is barred from receiving any damages. For example, if a person is killed by their spouse in a domestic violence incident, that spouse would not be able to recover wrongful death damages, despite technically being the surviving spouse of the deceased. In such a case, the proceeds will pass to the next appropriate beneficiary.

You can read more information about how wrongful death proceeds are distributed here.

When a civil wrongful death claim is filed after a murder, the person filing suit can seek damages for (1) medical bills if there was any treatment before the death; (2) funeral expenses; (3) conscious pain and suffering between the injury and the death; and (4) the pecuniary value of the 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 necessary living expenses. This measure of damages can also include an award for loss of consortium, which is the loss of love, society, and affection. Loss of consortium damages are limited in Tennessee to $750,000 unless the deceased person had a minor child, in which case they are limited to $1,000,000.

Damages can also be awarded for loss of earning capacity between the time of injury and the death, as well as the loss of enjoyment of life between the time of injury and the death. In the case of an intentional killing, however, there may have been little time between these two events and these damages may not apply.

Most notably for cases based on murder, if the death was caused by reckless or intentional misconduct, the family member may seek punitive damages. Punitive damages are designed to punish the wrongdoer and deter similar future behavior. Tennessee limits punitive damages in most cases, but the limitation does not apply where the defendant had a specific intent to inflict serious physical injury and did, in fact, intentionally injure the plaintiff. Because the limitation does not apply, punitive damages are potentially the most important element of damages for wrongful death cases based on intentional killings.

You can find additional information about wrongful death damages and possible limits thereto on this page.

Because wrongful death is a complicated area of law, a family seeking financial damages after the murder of a loved one should consider hiring an experienced wrongful death attorney as soon possible. Time can pass quickly after such a tragedy, and complying with all deadlines is vital to seeking financial compensation after a family member is killed. If your loved one has been killed, one of our expert attorneys can help you determine your legal rights. To get started, please contact us online or at one of three office locations. While our offices are all physically located in Middle Tennessee, we handle cases throughout the State of Tennessee.

Nashville: 615-669-3993

Murfreesboro: 615-867-9900

Brentwood: 615-742-4880

Toll-Free: 866-812-8787