How Tennessee Courts Apportion Settlements in Wrongful Death Claims
When a loved one dies due to another’s negligence or wrongful act, the pain and grief can be overwhelming. While no amount of money can ever replace the loss, wrongful death claims in Tennessee allow surviving family members to seek financial compensation. A critical aspect of these claims is the division of any settlement or award among the deceased’s eligible beneficiaries. Tennessee law governs how settlements are apportioned, aiming to provide clarity and fairness while addressing potential conflicts.
The Legal Framework for Wrongful Death Claims in Tennessee
Under Tennessee law, wrongful death claims are governed by Tennessee Code Annotated § 20-5-106 through § 20-5-113. These statutes determine who can bring a wrongful death action and how settlements are distributed among surviving family members. A wrongful death lawsuit is essentially the deceased person’s personal injury claim carried forward by specific individuals.
The law prioritizes eligible claimants in the following order:
- The surviving spouse
- The children of the deceased
- The next of kin (e.g., parents or siblings, if no spouse or children exist)
- The personal representative of the deceased’s estate
This hierarchy affects both the right to file the claim and the division of settlements.
Who Receives the Settlement?
The distribution of wrongful death settlements in Tennessee depends on the specific family structure and circumstances of the deceased at the time of death. The courts generally follow these principles:
Surviving Spouse and Children
If the deceased has both a surviving spouse and children, Tennessee intestacy law mandates that the settlement is divided equitably between them. However, if there are three or more children, the spouse will always take at least one third of the wrongful death proceeds, with the children evenly splitting the remaining two thirds.
No Surviving Spouse, but Children Exist
If the deceased had children but no surviving spouse, the settlement is typically divided equally among the children. In cases where some children are minors, the court may appoint a guardian ad litem to ensure their interests are protected.
Parents or Siblings as Beneficiaries
If there is no surviving spouse or children, the settlement may be awarded to the deceased’s parents. If the parents are deceased or unable to benefit, siblings or other next of kin may receive the settlement.
The Estate as a Beneficiary
In some cases, wrongful death settlements may flow into the deceased’s estate, particularly if no direct relatives exist. These funds are then distributed according to the deceased’s will or Tennessee’s intestacy laws if no will exists.
Potential Conflicts in Settlement Distribution
Despite the statutory guidelines, conflicts among beneficiaries can arise during the distribution process. Common disputes include disagreements over:
- The proportion of the settlement each party should receive
- The allocation of funds for minor children
- Whether certain individuals qualify as beneficiaries under Tennessee law
Minimizing Conflict and Ensuring Fair Distribution
To reduce the likelihood of disputes, families should work with experienced Clinton wrongful death attorneys who understand Tennessee law. An attorney can:
- Clarify the statutory hierarchy of beneficiaries
- Negotiate fair settlements on behalf of all parties
- Advocate for minor children or other vulnerable beneficiaries
Additionally, attorneys can help families navigate emotionally charged discussions, ensuring the focus remains on honoring the deceased’s memory and securing financial stability for those left behind.
Contact Fox Farley Willis & Burnette
If your family has suffered the loss of a loved one due to wrongful death, understanding how settlements are apportioned can be overwhelming. The compassionate and experienced attorneys at Fox Farley Willis & Burnette are here to guide you through the legal process and advocate for your family’s best interests.
Serving Tennessee families in Clinton, Gatlinburg, Knoxville, LaFollette, Maryville, Pigeon Forge, and Sevierville, we are committed to ensuring justice and fair compensation. Contact us today for a free consultation to discuss your case.
Source:
Tennessee Code Annotated § 20-5-106 through § 20-5-113
