Wrongful Death of a Brother or Sister

What happens when your brother or sister dies in an automobile, truck, or motorcycle wreck or otherwise due to another person’s negligence? Do you have any right to file a wrongful death claim? Whether you can file a wrongful death suit when your brother or sister dies depends on what other family members survive the deceased.

If a person’s adult brother or sister dies in an accident, a surviving sibling will only have the right to file a wrongful death suit if the decedent had no surviving spouse, children, or parents. When an adult dies, his or her spouse has first priority for filing a wrongful death suit. If the decedent was unmarried, any surviving children may file a wrongful death claim. If the decedent was unmarried and had no children, his or her surviving parents will have the right to file suit. Finally, if the decendent was unmarried, had no children, and his or her parents are predeceased, a surviving sibling can file the wrongful death claim in Tennessee.

Thus, it is a possible, but relatively unlikely, that a surviving sibling has the right to file a wrongful death claim on behalf of a deceased brother or sister.

If the decedent is a minor, is unmarried, and has no children, the right to bring a wrongful death case belongs to the decedent’s parents. If the deceased minor was married, the right to bring a wrongful death claim belongs to the decedent’s spouse. If the deceased minor was not married but had a child or children, the child or children have the right to bring the wrongful death claim. (Minor children can’t bring a lawsuit without the help of an adult.)

A sibling can bring a wrongful death claim on behalf of a deceased brother or sister only if the decedent is not survived by their parents, a spouse, or a child.

If the surviving siblings of the deceased are minors and, under the rules outlined above, they have the right to file a wrongful death lawsuit. In that case, the court will appoint a guardian for the children to make the wrongful death claim on their behalf.

In the rare circumstance that a sibling has the right to file the wrongful death suit under the priority status outlined above, that sibling (and his or her siblings) will also be entitled to receive any proceeds awarded in the wrongful death action. Each will receive an equal percentage of any wrongful death proceeds.

So, for example, if Joe dies in a car wreck caused by someone else, and Joe is not survived by a spouse, children, or his parents, his sibling(s) has the right to bring a wrongful death lawsuit. Any money received would be divided equally between the siblings. If Joe had only one sibling, that sibling would receive 100% of the wrongful death monetary recovery.

Tennessee generally allows for recovery of the following categories of damages in a wrongful death case: (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 necessary living expenses.

If the death was caused by reckless or intentional misconduct, the brother or sister 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 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.

Tennessee law sets a one-year time limit for the filing of a wrongful death case. This means that the lawsuit usually must be filed within one year from the date of the injury that caused the death. In the case of a deceased with only siblings as surviving family members, it is critical to ensure that a surviving brother or sister 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 death of your brother or sister and want to determine whether you should file a wrongful death claim, 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 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?