Short answer: Under Tennessee law, damages recovered for wrongful death are governed by Tennessee’s wrongful death statutes, not by the decedent’s will. A separate survival action (claims belonging to the decedent at the time of death) may be estate property and therefore pass under a will, but wrongful death proceeds—intended to compensate surviving family members for their losses—are distributed according to Tennessee wrongful-death law.
Detailed Answer
This answer explains how Tennessee treats two different kinds of claims after a person dies and why only one of them can be distributed under a will.
Two distinct causes of action: survival claims vs. wrongful death claims
When a person dies because of another’s wrongful conduct, Tennessee law separates the recovery into two categories:
- Survival action: This preserves claims the decedent could have brought if still alive—such as the decedent’s own medical expenses, pain and suffering before death, or lost earnings up to the time of death. A survival recovery is treated as part of the decedent’s estate and typically passes according to the decedent’s will or, if there is no valid will, under Tennessee intestacy rules.
- Wrongful death action: This is a statutory cause of action created for the benefit of the decedent’s survivors and heirs. It compensates surviving family members for their pecuniary (financial) losses caused by the death. These proceeds are distributed according to the wrongful-death statute, not by the decedent’s will.
Where Tennessee law says this
Tennessee’s wrongful death and survival statutes are in Title 20, Chapter 5 of the Tennessee Code. See the chapter summary on the Tennessee General Assembly site for the statute language and statutory structure: Tenn. Code Ann. Title 20, Chapter 5. That chapter distinguishes the survival action (claims that belong to the decedent and flow to the estate) from the wrongful death statutory remedy (damages for survivors) and specifies who may recover and how damages are allocated.
Practical result
Because wrongful-death damages exist by statute for the benefit of survivors, they are distributed under the statutory scheme set out in the wrongful-death law. A person’s will cannot redirect or override the statutory beneficiaries and allocation of wrongful-death damages. However, any recovery that belongs to the decedent personally (a survival claim) becomes estate property and is distributed according to the will or intestacy rules.
Who brings the claim and who receives money?
In Tennessee, the representative who brings a wrongful-death case (often a personal representative or designated plaintiff) does so on behalf of the persons entitled under the statute. A settlement or verdict typically names who will receive the money and in what shares—consistent with the statutory entitlements. Parties settling a wrongful-death claim should be careful: improper distribution can create later disputes among survivors and potential exposure for the settling defendant if releases are deficient.
Timelines and deadlines
Statutes of limitations can bar wrongful-death and survival actions if they are not filed in time. Tennessee’s limitation provisions appear in Title 28, Chapter 3. Consult the statute for exact timing rules and exceptions: Tenn. Code Ann. Title 28, Chapter 3. Because time limits vary by claim and fact pattern, it is important to act promptly.
Common fact-pattern examples
- Example 1 (will does not control wrongful-death proceeds): A decedent leaves a will that gives everything to a charity. The decedent is killed in a negligent car crash. The decedent’s spouse and children bring a wrongful-death claim and recover damages for their pecuniary loss. Those wrongful-death proceeds are distributed to the survivors under the wrongful-death statute, not to the charity named in the will.
- Example 2 (survival claim passes under a will): If the decedent recovered damages for pain and suffering suffered before death or medical bills incurred prior to death and those amounts are recovered through a survival action, those proceeds become part of the estate and pass according to the decedent’s will (or intestacy rules if there is no valid will).
What to watch for in settlements
Settlement documents should clearly identify what portion of a recovery is for survival damages (estate property) versus wrongful-death damages (for survivors). That allocation affects who signs releases and who receives funds. If allocation is unclear, parties and courts can later litigate distribution. A knowledgeable attorney will draft releases and settlement agreements to match the legal entitlements and to avoid future disputes.
Helpful Hints
- Do not assume a will controls every post-death recovery. Distinguish survival claims (estate property) from wrongful-death claims (statutory proceeds for survivors).
- Read Tennessee’s wrongful-death statute in Title 20, Chapter 5: Tenn. Code Ann. Title 20, Chapter 5.
- Check statute-of-limitations rules early. See Title 28, Chapter 3 for limitation periods: Tenn. Code Ann. Title 28, Chapter 3.
- If you are a personal representative or an heir, consult an attorney before accepting any settlement to ensure distribution and releases are correct.
- Ask the attorney about splitting settlements into clearly labeled parts (survival vs. wrongful death) and about obtaining court approval where appropriate.
- Keep careful records of medical bills, lost income, and financial contributions the decedent provided—these are relevant to both survival and wrongful-death valuations.
Disclaimer: This article explains general principles of Tennessee law for educational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about a specific situation, contact a licensed Tennessee attorney.