Legal Question in Personal Injury in Tennessee

Wrongful death settlements

A brother has filed a wrongful death suit in Knoxville without the rest of the three children having knowledge of his action over their father (pedestrian) being struck and killed be an intoxicated driver. Can they be named as plantiffs in this suit or do they have to file indiviual suits?


Asked on 10/12/05, 9:56 am

1 Answer from Attorneys

Marc Reisman Rosenblum & Reisman, P.C.

Re: Wrongful death settlements

First, I am so sorry to hear about your tragic loss. The statute provides for a priority of people who can file a wrongful death suit. If your father was married at the time of his death, the surviving spouse has priority. However, the spouse can waive the right to bring suit. The next in priority are the surviving children. Each has just as much right to bring the lawsuit the other siblings. Ultimately, the people who pursue the lawsuit, should do so for the benefit of statutory heirs. So all Siblings should participate in the recovery. However, it is my strong suggestion that you contact counsel to discuss your rights and the manner in which to enforce those rights. I would be pleased to speak with you about this and you are welcome to call or email any time.

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Answered on 10/13/05, 10:26 am


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