Wrongful Death of an Uncle or Aunt

A death caused by someone else’s negligence is always a tragedy. When a person is killed but leaves behind few close surviving family members, the right to file a wrongful death claim may fall to a person’s niece or nephew.

Tennessee law sets the priority for who has the right to file a wrongful death claim. The right to file a wrongful death case generally passes first to a surviving spouse, then to surviving children, then to surviving parents of the deceased, and finally to any surviving siblings. If the person who was killed does not leave behind any surviving spouse, children, parents, or siblings, however, the right to file a claim would pass to a surviving niece or nephew.

Suppose a niece or nephew has the right to file the wrongful death suit under the priority status outlined above. In that case, the surviving relatives with the same level of kinship (i.e., all the nieces and nephews) will receive any wrongful death proceeds divided evenly.

For example, assume Uncle Bob dies in a tractor-trailer wreck caused by the fault of the truck driver. Uncle Bob has no surviving spouse, children, parents, or siblings. However, Uncle Bob does have two nieces who are the children of his deceased sister. Under these facts, the nieces have the right to bring a lawsuit for Uncle Bob’s wrongful death.

Tennessee generally allows for recovery of the following categories of damages in a wrongful death suit: (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 niece or nephew 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 must be filed within one year from the date of the injury that caused the death. In the case of a deceased with few surviving family members, it is critical to consult an experienced attorney to determine who has the right to file a 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 aunt or uncle and want to determine whether you are able to file a wrongful death action, 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. Remember, we handle cases 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?