Losing a family member in a crash can be life-altering. If your sibling died in a motor vehicle accident, you may be wondering whether you have the legal right to pursue a wrongful death claim.
Tennessee laws on wrongful death claims
Tennessee law outlines a specific order of priority for filing wrongful death claims. The right typically begins with the surviving spouse. If there is no spouse, the claim passes to the deceased’s children, followed by surviving parents. Siblings fall further down this hierarchy. You may only pursue a claim if no higher-priority relatives exist or if they choose not to initiate legal action.
When siblings may have legal standing
You may have legal standing to file a claim if your sibling was unmarried, had no children, and had no surviving parents. In such a case, you can petition to become the personal representative of your sibling’s estate. As the estate’s representative, you can initiate a wrongful death lawsuit to recover damages such as funeral expenses, lost income, and the pain and suffering your sibling experienced before death.
What to do before filing a claim
Before pursuing a claim, verify whether another party has already filed one. Courts typically permit only one wrongful death action for each incident. You must also be formally appointed as the estate’s personal representative through probate court. Prepare by collecting essential documents, including the death certificate, accident report, and relevant estate records.
If a sibling wins a wrongful death lawsuit, the court awards compensation to the estate rather than the individual. The estate receives the funds, pays off any debts and obligations, and then distributes the remaining amount under Tennessee’s laws of intestate succession. Depending on the situation, you may receive a portion of the estate.
