Losing a family member due to someone else’s negligence is devastating. When that loss was preventable, whether caused by a reckless driver on I-40, a negligent employer at a warehouse facility, a dangerous property, or a defective product, the law provides a path for families to hold the responsible party accountable.
What makes pursuing a wrongful death claim in Tennessee particularly urgent is the state’s one-year statute of limitations. Families have just one year from the date of death to file a lawsuit. This is one of the shortest deadlines in the country, and it applies to wrongful death claims just as it does to personal injury claims.
At Monge & Associates Injury and Accident Attorneys, our Memphis wrongful death lawyers have recovered over $1 billion for injury victims and their families since 1993. We understand the legal complexities of wrongful death claims in Tennessee and fight to ensure that responsible parties are held accountable. The call is free, and you pay nothing unless we win.
If you lost a loved one due to negligence in Memphis or anywhere in Shelby County, speak with our legal team at (901) 660-7524.
Tennessee Wrongful Death Law
Tennessee’s wrongful death statute (Tenn. Code § 20-5-106) allows certain individuals to file a claim when a person dies as a result of another party’s negligence, recklessness, or intentional misconduct.
Who Can File: The surviving spouse has the first right to file. If there is no surviving spouse, the claim passes to the children of the deceased. If there are no children, the claim goes to the next of kin. If there are no next of kin, the personal representative of the estate may file on behalf of the estate.
Statute of Limitations: Families have one year from the date of death to file a wrongful death lawsuit (Tenn. Code § 28-3-104). This deadline is strictly enforced.
Types of Damages: Tennessee allows recovery of both compensatory and punitive damages in wrongful death cases. This includes damages for the deceased’s pain and suffering before death, the family’s loss of companionship and consortium, lost future income, funeral and burial expenses, and medical expenses incurred before death.
Damage Caps: Non-economic damages are subject to the same caps as personal injury claims: $750,000 per plaintiff, or $1,000,000 when the death involves a parent with minor children or catastrophic circumstances (Tenn. Code § 29-39-102). Economic damages are not capped.
Common Causes of Wrongful Death in Memphis
Car and Truck Accidents
Motor vehicle accidents remain the leading cause of wrongful death claims in Memphis. The Memphis THP district recorded 259 traffic fatalities in 2024 and 169 in 2025. Fatal crashes on I-40, I-55, I-240, and high-traffic surface roads throughout Shelby County involve distracted driving, speeding, impaired driving, and commercial truck collisions. Memphis’s role as a major logistics hub means truck-involved fatalities are disproportionately represented.
Workplace Accidents
Memphis’s logistics and warehouse industry employs thousands of workers in physically demanding environments. Forklift accidents, falls from loading docks, equipment malfunctions, and crush injuries in distribution centers cause fatal injuries. Construction site falls and industrial accidents add to workplace fatality risk. While workers’ compensation generally covers workplace injuries, wrongful death claims may be brought against third parties whose negligence contributed to the death.
Medical Malpractice
Surgical errors, misdiagnosis, delayed treatment, medication errors, and hospital-acquired infections can result in preventable deaths. Memphis is home to major medical systems including Regional One Health, Methodist Le Bonheur, Baptist Memorial, and St. Jude Children’s Research Hospital. Medical malpractice wrongful death claims in Tennessee require a certificate of good faith and pre-suit notice under the Tennessee Medical Malpractice Act.
Premises Liability
Fatal falls, drownings, electrocutions, and other incidents caused by unsafe property conditions can give rise to wrongful death claims.
Defective Products
Products with design defects, manufacturing defects, or inadequate warnings can cause fatal injuries. Tennessee follows the Tennessee Products Liability Act (Tenn. Code § 29-28-101 et seq.).
What Families Need to Know About the Claims Process
Act Immediately
Tennessee’s one-year statute of limitations means families have no time to wait. If the death resulted from a car or truck accident, evidence from the scene can degrade quickly. If the death resulted from a workplace incident, the employer may alter conditions or repair equipment. The sooner an attorney begins investigating, the stronger the case.
Preserve Evidence
Families should preserve all documents related to the death: medical records, police reports, autopsy reports, workplace incident reports, photographs, and any communications from potential defendants or their insurance companies.
Do Not Speak to Insurance Companies
The defendant’s insurance company will contact the family quickly. Their goal is to minimize liability. Do not give recorded statements, sign releases, or accept settlement offers without consulting a wrongful death attorney.
Compensation Available in Memphis Wrongful Death Cases
Tennessee wrongful death law allows families to recover both compensatory and punitive damages:
Economic Damages: Lost future income and earning capacity of the deceased, medical expenses incurred before death, funeral and burial expenses. No cap on economic damages.
Non-Economic Damages: Loss of companionship and consortium, loss of parental guidance (for minor children), mental anguish, and the deceased’s pain and suffering before death. Capped at $750,000, or $1,000,000 for catastrophic circumstances or when the deceased was a parent of minor children.
Punitive Damages: In cases involving reckless or intentional misconduct, punitive damages may be awarded. Capped at twice compensatory damages or $500,000, whichever is greater.
Memphis Wrongful Death FAQs
How long do I have to file a wrongful death lawsuit in Tennessee?
Tennessee gives families just one year from the date of death (Tenn. Code § 28-3-104). This deadline is strictly enforced.
Who can file a wrongful death claim in Tennessee?
The surviving spouse has the first right. If there is no surviving spouse, the right passes to the deceased’s children, then next of kin, then the personal representative of the estate.
Can I recover funeral expenses and medical bills?
Yes. Tennessee wrongful death law allows recovery of economic damages including funeral and burial expenses and medical expenses incurred before death. No cap on economic damages.
What if the death occurred at a warehouse or distribution center?
Wrongful death claims may be brought against third parties (equipment manufacturers, subcontractors, facility owners) whose negligence contributed to the death. Workers’ compensation does not prevent a wrongful death claim against a non-employer third party.
Where will my Memphis wrongful death case be heard?
Most wrongful death cases in Memphis are heard in the Shelby County Circuit Court, part of the Thirtieth Judicial District.
Contact a Memphis Wrongful Death Lawyer at Monge & Associates Injury and Accident Attorneys
If your family lost a loved one due to negligence in Memphis, the team at Monge & Associates Injury and Accident Attorneys is here to help. With Tennessee’s one-year filing deadline, every day matters.
Call us today at (901) 660-7524, or contact us online for a free consultation.