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Tennessee Wrongful Death Questions & Answers
1 Answer | Asked in Car Accidents and Wrongful Death for Tennessee on
Q: What family members have right to sue for wrongful death in Tennessee?

My sister was killed in a car crash in Tennessee. The driver is being charged with vehicular and reckless homicide. My sister (33) did not have a spouse or children. So who can sue for wrongful death? Can it be my dad, myself and my other sister together? Or is just my dad?

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jul 10, 2023

I am very sorry for your loss. The statutory answer is in the below statute. I would suggest creating an estate and having the personal representative file any action. Beyond this Tennessee has a one-year statute of limitations. So be careful and don't let the time run on a claim.... View More

2 Answers | Asked in Car Accidents and Wrongful Death for Tennessee on
Q: My sister was killed in a car crash in Tennessee. (Wrongful Death) Can I sue along with my dad against the insurance?
Anthony M. Avery
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answered on Jul 11, 2023

Only a policy holder can sue his own insurance co. If the fatality was a 1 car accident, it could be very tough to make a claim against anyone. But an attorney should investigate it first. If another party is at fault without insurance, then you sue them and notify the carrier of UIM claims.... View More

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1 Answer | Asked in Personal Injury and Wrongful Death for Tennessee on
Q: If a car was borrowed to commit a First degree murder, can I sue the owner of the vehicle and or their car insurance

My son was murdered while pumping gas on the phone with me. The murderer shot my son in the neck from behind, then proceeded to shoot him 4 more times. Then get back in the car and left the scene in a car that she borrowed to do this

Anthony M. Avery
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answered on Jun 20, 2023

That would probably be a good Tort cause of action Wrongful Death (civil conspiracy). But the auto insurance may be the only recoverable monies. or the Policy may exclude criminal liability. Do not go beyond a year from the incident until you sue. There does not have to be a criminal... View More

1 Answer | Asked in Medical Malpractice and Wrongful Death for Tennessee on
Q: Would I have a case for malpractice?

My father was discharged on January 3rd from a hospital and was discharged in significant pain. On his discharge paperwork, it stated he had a benign growth in his pancreas. As far as I know, there was no test ever performed to determine if it was benign. He went back to the hospital on January... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 28, 2023

It may be malpractice. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Consult with experienced attorneys. Use Justia search to find an attorney....
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1 Answer | Asked in Wrongful Death for Tennessee on
Q: Does a Tennessee State Trooper have a duty to perform CPR at a traffic stop if the driver goes into cardiac arrest?

28 year old male was stopped by a Tennessee state trooper for a seat belt violation and someone was on the phone on speaker telling the officer the driver had a history of heart failure, and pleading with him to perform CPR immediately because he was gasping for air. He couldn't speak or... View More

Cameron Tousi
Cameron Tousi
answered on Feb 15, 2022

The scenario you are mentioning does suggests not only awful behavior by the policeman, but potential culpability. The police officer's culpability, which could be criminal or civil, with damages to the family for wrongful death, relies on whether the officer properly owed a duty of care to... View More

1 Answer | Asked in Wrongful Death for Tennessee on
Q: How do I find auto policy limits AND umbrella policy limits for an at fault driver in TENNESSEE
Anthony M. Avery
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answered on Feb 11, 2022

Normally you sue the Defendant. Sometimes the other side will disclose their insurance, but they do not have to. Hopefully they had insurance that covered the wreck, which you will quickly find out after service of the Complaint.

1 Answer | Asked in DUI / DWI and Wrongful Death for Tennessee on
Q: If you are a family member of the victim that was killed in a dui vehicular homicide and told the da you didn’t want to

Do a plea deal and they do it anyways does that violate victim rights

Anthony M. Avery
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answered on Dec 22, 2021

No, that is the State's Case. I am sorry for your loss...

1 Answer | Asked in Car Accidents and Wrongful Death for Tennessee on
Q: In car accident can a dead man’s estate be sued for wrongful death after they say he was at fault for crossing the line

Head on collision, country road with no center line markings. They decided he was at fault for “crossing the center line” but there are no lines on the road. Now the people in the other truck are suing his estate for wrongful death after the insurance already paid them the max amount. The... View More

Anthony M. Avery
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answered on Dec 14, 2021

Is someone defending against the Suit? If not, default judgment will occur. Who actually filed for Probate? If not the creditor, then it was a large mistake. The real property can be looked upon to satisfy such a claim. But if the Heirs own as Tenants In Common, then it will be more... View More

1 Answer | Asked in Criminal Law and Wrongful Death for Tennessee on
Q: can a person with any amount of meth in system be arrested and charged if they hit a pedestrian and pedestrian dies
Anthony M. Avery
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answered on May 13, 2021

There could be numerous criminal charges generated by such a scenario. If you know who the defendant is, tell him to not talk to anyone and hire a competent attorney immediately. An insurance company may need to be notified by your attorney.

1 Answer | Asked in Personal Injury and Wrongful Death for Tennessee on
Q: husband went to va to have clot removed out of Stent, now dead. Clot went to heart and killed him do I have case?

didn't remove clot put him on iv blood thinner and clot went to heart and killed him. He was 61 years old.

Tim Akpinar
Tim Akpinar
answered on Apr 22, 2021

A Tennessee attorney could advise best, but your post remains open for two weeks. I'm very sorry for the loss of your husband. The best way for you to get an answer to your question would be to reach out to attorneys who handle med mal/wrongful death cases. The question you ask calls for a... View More

1 Answer | Asked in Wrongful Death for Tennessee on
Q: I am currently trying to find out if a gun was taken in as evidence and if so the probability of having it returned

Short backstory: My significant other was shot and killed in july 2019. I was informed it was taken in for evidence even though it was not used or even pulled to my knowledge. I'm trying to figure out if it was in fact taken by the police or some one else. TIA

Anthony M. Avery
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answered on Apr 22, 2020

If there was a prosecution of an alleged murder suspect, then you can file a motion for its return in that Case. If no prosecution is involved, then you can start calling the Sheriff or Chief of Police whose department investigated the murder. Ultimately you can file suit against the seizing... View More

1 Answer | Asked in Wrongful Death for Tennessee on
Q: Is there anything that can be done after an heir signs off on an estate? My niece is an heir to a wrongful death suit.

The lawsuit was nondisclosure and her mother told her that the lawyer said everyone would lose all proceeds if she sues because no one is allowed to say what the amount is. She doesn't know what she is even entitled to, but it is much more than offered. She is 20 years old. She absolutely... View More

Anthony M. Avery
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answered on Nov 25, 2019

The Niece needs to hire an attorney. It is not your concern. She may or may not have received consideration, but I suspect you have no knowledge. I do not know who the Decedent was, but it is possible the Mother is entitled to a larger share than others, or an equal amount. It may even be a... View More

1 Answer | Asked in Wrongful Death for Tennessee on
Q: How do I get my portion of net proceeds from wrongful death suit when my parent refuses to pay me my rightful 1/3 share?

She filed lawsuit in only her name. She told me I was entitled to nothing and if I retain a lawyer, that I might get judgment, but her attorney implied that I may not be able to collect it and judgment means nothing. She first said I am entitled to nothing, then offered a small amount, then it... View More

Anthony M. Avery
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answered on Nov 20, 2019

Why did you set on your rights when you knew the Suit was going on? If Mother is an Executrix then there must be a probated Will, which may have excluded you. Check at Probate. If no Will then the Next of Kin should have been beneficiaries, and preferably Party Plaintiffs. Immediately hire... View More

1 Answer | Asked in Criminal Law, Adoption, Probate and Wrongful Death for Tennessee on
Q: What is the distance that Tennessee will extradition

I'm living in Florida and I now have a probation warranty in Tennessee

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Jun 9, 2019

I had a guy picked up in Philadelphia, PA by Tennessee Dectectives, because he did not serve his 48 hours for 1st time DUI. He was flown to Tennessee and put in jail.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Wrongful Death for Tennessee on
Q: can grand jury presentments be appealed or taken out of a county's initial jurisdiction if certain bias can be proven?

If the general public has reason and proof to believe that district attorney's offices/ law enforcement are being biased in their presentment of a case to a grand jury for indictment, what can be done?

Anthony M. Avery
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answered on May 21, 2019

Possibly nothing. But after Indictment the Defendant must defend against the charge. Improper Grand Jury proceedings might be argued at Pre Trial, Motion for New Trial or on Appeal. Without a clear Federal or State Constitutional violation that causes prejudice, no actionable error will arise.... View More

2 Answers | Asked in Civil Litigation, Medical Malpractice and Wrongful Death for Tennessee on
Q: my friends won a financial setelment and she passed monday how can her husband find the case # he cant find any info

it was a law sute over the death of their unborn child. she kept all the family records and he cant find any paper work on the case of the lawyers name the money was to be transfered to their account wednesday she has been brain dead for 3 weeks and was removed from life support and passed monday.... View More

Anthony M. Avery
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answered on May 17, 2019

There are several ways to find a Case as there are only so many Clerks of Circuit Courts and Federal Courts in your area. But are you sure a suit was filed in the first place? There may have been a Settlement without filing suit. You could start by calling every lawyer in the area and asking.... View More

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2 Answers | Asked in Wrongful Death for Tennessee on
Q: 2 girls attacked me and another girl was beating me with a bat. I was wondering can I sue them. And trying to see how.

I was walking down the street. It was three girls in a car that I have known for years since 8th grade. And I stop messing with them every since May 2018 because they always jumping people and being in mess and when I told them, they wanted to fight me. Back to what I was saying, they jumped out... View More

Bennett James Wills
Bennett James Wills
answered on Aug 20, 2018

Can you sue? Yes. Can you win? That's the more difficult question. There are time limits from when you can file a lawsuit for assault/battery. Plus the facts of each case are different. Consult an attorney to determine your options.

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1 Answer | Asked in Wrongful Death for Tennessee on
Q: My stepmom has filed a wrongful death suit due to my late fathers Mesothelioma. One as adminis,and one just in her name?

Filed in lillonois, lived in Tennessee

Robert D. Kreisman
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Robert D. Kreisman
answered on Jun 22, 2018

There's nothing wrong with a spouse suing for his/her loss of companionship in a wrongful death case and also bringing the lawsuit in the name of the estate of the deceased (as administrator or executor) for the benefit of the heirs of the decedent, which would include the spouse and the... View More

2 Answers | Asked in Wrongful Death for Tennessee on
Q: My brother committed suicide in August 2017 after his wife demanded a divorce. She knew of his past suicide attempts.

They were married 32 years and had 4 children. She never worked and appears to have a personality disorder.

Marjorie A Bristol
Marjorie A Bristol
answered on May 1, 2018

What is your question? If your question is do you have a cause of action against her, then the answer is no. She has the right to choose to divorce someone. I am so sorry about your brother. A love one's suicide is so hard. Mental illness was the cause of your brother's suicide, not... View More

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1 Answer | Asked in Estate Planning, Probate, Small Claims and Wrongful Death for Tennessee on
Q: Could I sue my stepmom for not giving me anything or not coming up with my saving bonds?

My father killed himself in 2016. And I don't know the truth and I want to know if my stepmom or her family had anything to do with it. Also my great grandmother left savings bonds for me. And my stepmom will not give me anything of his or come up with my saving bonds. Also I'm not sure... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 29, 2017

You should consult a probate attorney. If your father left a will, you would have been entitled to notice of probate. If he didn't leave a will, you are entitled to a portion of his estate.

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