Wrongful Death - Whose Claim Is It?
Tennessee's wrongful death law is a little unusual. The claim is the claim that the decedent would have been able to bring if the decedent were still alive.
Tennessee law spells out who has the right to bring an action of behalf of the decedent. The person who has the right to bring the claim is the only proper party plaintiff. Of course, after the Jordan opinion, certain beneficiaries can prove loss of consortium damages, but those parties are not true "plaintiffs" in the traditional sense of the word. Not only is it not necessary to add the other statutory beneficiaries but their efforts to remain in the case will be met with a motion to dismiss.
So, before you file a wrongful death case, study Title 20, Chapter 5, identify the proper plaintiff, and prepare your papers accordingly. It is appropriate to plead the existence of and even identify other beneficiaries who are entitled to prove loss of consortium, but they should not be named as plaintiffs in the case.
could you e-mail me a sample wrongful death complaint in Tenn where the decease is of the majority age and the mother is the plaintiff?
Julian - assuming that the decedent is unmarried and has no surviving children, the parents are the sole beneficiary. Assuming only the mother survives, the complaint is just like any other wrongful death complaint but alleges those facts. She brings the case as either next of kin or excutrix or administratrix. All she has to do is allege her status, her relationship to the decedent, and allege Jordan damages.
I hope this is helpful to you.
My father died after receiving inadequate nursing home care. His wife, (not our mother), filed a wrongful death lawsuit which included my brother and myself on the suit. Well, throughout all the court proceedings, they only spoke with my stepmom regarding the case, but when it was time to sign papers for agreement to settle, my brother (36yrs of age) begin to ask questions AFTER he signed paperwork agreeing to settle. He contacted the law office, and the lawyer gave my brother a round about amount for the settlement, which was what my brother considered a LOW amount . What is the procedure for settlement amounts in wrongful death claims? Or IS there a procedure? How does the attorney come up with the amount he brings forth in the settlement?