Wrongful Death Caused by a Drunk Driver

Every year thousands of people are killed by drunk drivers, leaving loved ones behind. Such a sudden loss can leave a family angry and confused, especially because drinking and driving is preventable. When a loved one is killed in an accident caused by a drunk driver, the surviving family members have the right to file a wrongful death lawsuit to recover financial damages related to their loss.

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.

It is important for the surviving loved ones to remember that the civil wrongful death case is separate from any criminal action related to the drunk driving. In order to preserve the family’s claim for civil monetary damages, the appropriate person must file the wrongful death case within one year of the accident.

To read more detail about who can file a wrongful death claim, please visit this page.

When a wrongful death claim is filed after a person is killed by a drunk driver, the surviving loved one filing suit can seek damages for (1) medical bills for any treatment between the injury and the death; (2) funeral expenses; (3) conscious pain and suffering between the injury and the death; (4) loss of earning capacity between the time of injury and the death; (5) loss of enjoyment of life between the time of injury and the death; and (6) 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.

When the death was caused by drinking and driving, the loved ones can also seek punitive damages. Punitive damages are recoverable if the death was caused by reckless or intentional misconduct. Punitive damages are designed to punish the wrongdoer and deter similar future behavior. Tennessee limits punitive damages in most cases to either $500,000 or two times the amount of the compensatory damages awarded, whichever is greater. Importantly for drunk driving cases, though, the limitation does not apply where the defendant was under the influence of alcohol or drugs, resulting in his or her judgment being substantially impaired, and causing the injuries or death. Because the limitation on punitive damages should not apply in drunk driving wrongful death cases, this category of damages can be extremely important.

You can find additional information about wrongful death damages and possible limits thereto on 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 will 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. This caveat can come into play in a case based on drunk driving. For example, imagine a child is killed in a drunk driving accident, but instead of being killed by an unrelated driver, the child was actually a passenger in a car being driven by his or her intoxicated parent. If the other natural parent files a wrongful death claim, the parent who was driving while intoxicated is barred from recovering wrongful death damages.

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

If you have experienced the death of a loved one due to a drunk driver, contact one of our experienced wrongful death attorneys to help you through this stressful situation. We offer a free initial consultation so that you can better understand your legal rights and options. Because a wrongful death case must be filed within one year, it’s important to contact an attorney as soon as possible. Remember, we handle all accident cases on a contingency basis, which means we only get paid if we recover money for you and your family. 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 wrongful death cases throughout the State of Tennessee.

Nashville: 615-669-3993

Murfreesboro: 615-867-9900

Brentwood: 615-742-4880

Toll-Free: 866-812-8787

For more information on wrongful death cases in Tennessee, you can also visit these links:

1. How did the accident happen and who is to blame?
2. What is the deadline for bringing a wrongful death suit in Tennessee?