Wrongful Death of an Unmarried Parent With Surviving Children

When a person is killed in because of an wrongful act by another person, their loved ones want to know their legal rights. Tennessee wrongful death law includes a specific order of priority for who can file a suit. When the person who died had children but was not married, his or her children will have the right to pursue the claim, even if those children are minors. There is one other option: the executor or administrator of the estate for the deceased person may also file the lawsuit.

Tennessee law does not permit the parents of the unmarried, deceased person who dies leaving children to bring a claim for the parents’

If the children of the deceased parent are minors, those children will still be the ones legally entitled to file a wrongful death claim. In that case, however, the court will appoint a guardian of the children for the purpose of making the wrongful death claim. That guardian will be responsible for pursuing the case in the way that is most beneficial to the children.

Under Tennessee law, only one wrongful death case may be brought. If multiple individuals file suit, the court will consolidate the cases and determine who will control the litigation. If all the children are minors, the guardian appointed by the court likely will represent all the minor children’s interests.

If the parent who died was not married, that parent’s children are entitled to the proceeds from any wrongful death action. The wrongful death recovery will be split equally between the deceased parent’s children. If the children are minors, the court may authorize the proceeds recovered to be added to a trust established for the benefit of the children or to provide court supervision over the monies.

Children bringing a suit for the wrongful death of their parent can generally recover the following categories of damages: (1) medical bills for the 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 from the time of injury to the time of death; (5) loss of enjoyment of life from the time of injury to the time of death; and (6) the pecuniary value of life.

The pecuniary value of life includes the present value of the deceased parent’s future earning capacity reduced by certain living expenses. It also includes loss of consortium damages, which is the loss of love, society, and affection. Loss of consortium can be an important damages category for cases where a parent of minor children died. Although loss of consortium damages are typically limited to $750,000 in Tennessee, the damages cap is raised to $1,000,000 in cases where the deceased parent had a minor child.

If the death was caused by reckless or intentional misconduct, the children of the deceased parent may also seek punitive damages. You can learn more about the damages recoverable in Tennessee wrongful death cases here.

If you would like to talk to one of our experienced wrongful death attorneys about a potential case, we offer a free initial consultation so that you can better understand your legal rights and options. 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. 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 is the deadline for bringing a wrongful death suit in Tennessee?