Detailed Answer
Under Tennessee law, only the decedent’s personal representative may file a wrongful death suit. Tenn. Code Ann. § 20-5-106 requires that “such action may be brought by and in the name of the personal representative of such decedent.”
If the estate does not already exist, you must open it by petitioning the probate court. Filing for probate or administration triggers the appointment of a personal representative. Courts grant letters testamentary (when a valid will exists) or letters of administration (when no will exists) under Tenn. Code Ann. § 30-2-301.
Once appointed, the personal representative holds legal authority to pursue a wrongful death claim stemming from a car accident. They act on behalf of surviving family members to seek damages for loss of support, mental anguish, and funeral expenses.
You also must file within one year of the date of death. Tennessee’s statute of limitations for personal injury and wrongful death actions is one year under Tenn. Code Ann. § 28-3-104. Missing this deadline typically bars your claim.
Starting the probate process early ensures you meet procedural requirements and deadlines. Work with a Tennessee attorney to confirm you follow court rules and file all necessary documents correctly.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Helpful Hints
- Identify potential personal representatives—usually a spouse, adult child, or close relative.
- Gather the decedent’s will, death certificate, and asset information before filing probate.
- File the probate petition in the county where the decedent lived at death.
- Track the one-year statute of limitations carefully.
- Keep detailed records of funeral expenses, medical bills, and income loss when calculating damages.
- Consult an attorney early to manage deadlines and court requirements.