What Elements Must Be Proven in a Wrongful Death Lawsuit?
When a death results from someone else’s negligence or intentional wrongdoing, families may have legal rights to seek compensation through a wrongful death claim. To succeed in such claims under Tennessee law, specific elements must be proven. Knowing what these elements are and how the court views them can make a difference in pursuing justice and obtaining fair damages for your loss.
At Wykoff & Sikes, PLLC, based in Knoxville, Tennessee, we’re deeply committed to helping families cope with the devastating loss caused by wrongful death. Losing a loved one unexpectedly can bring both grief and questions about accountability.
What Is a Wrongful Death Claim in Tennessee?
A wrongful death claim is a civil lawsuit filed when a person dies due to another party’s wrongful conduct. This can include negligence, intentional harm, or other unlawful actions. Unlike criminal cases that punish wrongdoing, wrongful death lawsuits provide families a way to recover damages related to their loss. These damages may include financial support lost, medical and funeral expenses, and emotional suffering.
Wrongful death claims are governed by Tennessee Code Annotated § 20-5-106, which sets forth who may file the claim and what must be proven. We help families traverse these claims while respecting the sensitivity of their situation.
The Basic Elements of a Wrongful Death Claim
To succeed in a wrongful death case, we must prove certain key elements to the court. These elements collectively show that the defendant’s actions caused the death and that the plaintiff (the family) deserves compensation. The main elements include:
Duty of care owed by the defendant
Breach of that duty
Causation linking the breach to the death
Actual death of the victim
Damages suffered by the survivors
Each of these elements requires evidence and legal argument, and we’ll explain them in detail.
Duty of Care and Establishing Legal Responsibility
The first element we must prove in a wrongful death claim is that the defendant owed a duty of care to the deceased. A duty of care means a legal obligation to act with reasonable care to avoid causing harm to others.
What Creates a Duty of Care?
Duty arises from various relationships or situations, such as:
Drivers owe a duty to other motorists and pedestrians to drive safely and obey traffic laws.
Businesses owe a duty to customers to maintain safe premises free from hazards.
Doctors owe a duty to their patients to provide competent medical care.
Employers owe a duty to employees to provide safe working conditions.
In Tennessee, determining whether a duty exists depends on the relationship between the parties and the circumstances surrounding the death.
Why Duty Matters
Without showing a duty of care, a wrongful death claim will fail because the defendant can’t be held responsible for harm they weren’t legally bound to prevent. Proving duty shows the defendant had an obligation to act reasonably toward the deceased.
Breach of Duty and Showing the Defendant Failed Their Responsibility
Once duty is established, we must demonstrate that the defendant breached that duty by failing to act as a reasonable person would under similar circumstances. A breach occurs when the defendant’s conduct falls below the accepted standard of care.
Examples of Breach in Wrongful Death Cases
A driver runs a red light and causes a fatal crash.
A property owner ignores a known hazard that causes a fatal injury.
A medical professional makes a critical error that results in death.
A manufacturer produces a defective product that leads to fatal harm.
Evidence to Prove Breach
Evidence might include accident reports, witness statements, expert testimony, video footage, or medical records. Our role is to collect and present this evidence to clearly show the defendant didn’t meet their duty of care.
Linking the Breach to the Death
Proving causation is often one of the most important and challenging elements in a wrongful death case. We need to show that the defendant’s breach directly caused or substantially contributed to the deceased’s death.
Two Types of Causation
There are two types of causation:
Cause in fact: The defendant’s actions were the actual cause of the death. For example, if the victim wouldn’t have died but for the defendant’s negligence.
Proximate cause: The death was a foreseeable result of the defendant’s conduct, without any intervening events breaking the chain of causation.
How Courts Assess Causation
Courts carefully review medical records, expert opinions, and factual evidence to determine whether the defendant’s conduct caused the death. Sometimes, the defendant may argue that other factors were responsible, and we work to counter such claims.
Proof of Actual Death of the Victim
An essential element in wrongful death claims is that the victim actually died as a result of the defendant’s actions. Unlike injury claims where the victim survives, wrongful death cases hinge on a fatal outcome.
Why This Element Is Clear But Critical
Death must be documented with a death certificate or other official records. Establishing the cause and timing of death is important to link it to the alleged wrongful conduct.
Demonstrating Harm to Surviving Family Members
Even after proving duty, breach, causation, and death, a wrongful death claim also requires showing the damages suffered by the survivors. Damages are the losses for which compensation is sought.
Types of Damages Available
Loss of financial support: The deceased’s future earnings and contributions to the family.
Medical and funeral expenses: Costs incurred for medical treatment prior to death and burial or cremation
Loss of companionship and consortium: Emotional and relational losses experienced by close family members.
Pain and suffering: The victim’s pain before death can sometimes be recovered.
Loss of services: Help and care the deceased provided to the family.
Who Can Recover Damages?
Tennessee law specifies who may file a wrongful death claim and receive damages. Usually, the deceased’s spouse, children, or parents have the right to bring a claim.
How Tennessee Law Limits Wrongful Death Claims
There are important limits and rules under Tennessee law regarding wrongful death claims.
Statute of Limitations
Tennessee requires wrongful death claims to be filed within one year from the date of death. Missing this deadline can bar the claim.
Who May Bring the Claim
Claims must generally be filed by:
The personal representative of the deceased’s estate, or
Family members as specified by law (spouse, children, parents).
No Punitive Damages in Some Cases
While compensatory damages are allowed, Tennessee courts may limit or bar punitive damages depending on the circumstances.
Gathering Evidence to Prove a Wrongful Death Claim
To build a strong case proving all elements, we gather thorough evidence, including:
Accident reports and police records
Medical records and autopsy reports
Witness statements and photographs
Expert testimony on causation and damages
Employment and financial records
Collecting this evidence promptly is critical because some evidence may degrade or disappear over time.
Common Challenges in Proving Wrongful Death
While the law lays out the elements clearly, wrongful death cases can face hurdles like:
Disputes over duty or breach: Defendants may argue no duty existed or it wasn’t breached.
Causation disagreements: Multiple factors may have contributed to the death.
Defenses like comparative fault: Tennessee uses a modified comparative fault rule, which can reduce damages if the deceased was partially at fault.
Insurance limitations: Settlements may be limited by insurance policy amounts.
We carefully prepare to address these challenges and protect your rights.
How We Support Families Through the Process
At Wykoff & Sikes, PLLC, we not only focus on the legal aspects but also offer compassionate support to families grieving their loss. We take the time to explain the elements of wrongful death claims, help gather evidence, and communicate regularly about your case progress.
What Happens After Proving Wrongful Death Elements?
Once we prove the required elements, the case may resolve in several ways:
Settlement: Parties agree on compensation without a trial.
Trial: If no settlement, the case goes to court where a judge or jury decides liability and damages.
Appeals: Either side may appeal unfavorable rulings.
We guide you through each phase, always aiming for the optimal result.
Contact Us Today About Your Wrongful Death Case
If you’ve lost someone because of another party’s wrongful actions, understanding the elements that must be proven can help you seek justice. At Wykoff & Sikes, PLLC in Knoxville, Tennessee, we’re dedicated to helping families throughout Tennessee and the surrounding area, including Johnson City, Chattanooga, Crossville, and Sevierville. Reach out to us today for compassionate advice and skilled representation.