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Articles Posted in Wrongful Death

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Court Denies Unjust Enrichment Claim When Wrongful Death Proceeds Paid to Wrong Plaintiff

Tennessee law provides very clear instruction and directives on who may bring a wrongful death claim on behalf of a loved one. Generally, such claims are limited to spouses or children unless neither such relationship exists. While this may seem straightforward, complicated questions can arise when individuals are in estranged…

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Tennessee Supreme Court Holds Negligent Husband Has Priority For Wrongful Death Claim

Under Tennessee’s wrongful death statute, when a loved one dies, there are certain family members who get priority to bring wrongful death lawsuits on the loved one’s behalf. Spouses have the primary right to bring such a claim, while children have a secondary right after spouses.  Since Tennessee legislators did…

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Tennessee Supreme Court Upholds Right of Uninvolved Parent to Recover Under Wrongful Death Statute

The Tennessee wrongful death statute permits the surviving spouse and surviving children of an individual who passes away to recover compensation on behalf of the deceased individual for injuries and pain and suffering that the deceased individual experienced prior to death. Wrongful death statutes often allow a surviving family member…

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Tennessee Court Considers Whether Gun Owners May Owe Duty To Protect Others From Using Their Guns

Gun ownership is an issue about which many Tennesseans feel passionately. While individuals may disagree about when and where individuals should be allowed to have guns, all agree that gun owners have a responsibility to use their guns safely. Recently, a case in the Tennessee Court of Appeals raised a…

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Tennessee Supreme Court Clarifies Wrongful Death Statute

When an individual passes away due to another party’s negligence, the law provides that the decedent’s claim for damages should not simply disappear. Instead, two types of potential claims can be brought in response to the death. In some states, the decedent’s claim passes to immediate relatives like a spouse…