What if the Person Who Caused the Death of a Loved One Dies Before I Can File My Lawsuit?

When a loved one dies in an accident, you may have a wrongful death claim against the wrongdoer. But what if the person who caused the death dies before you can file a lawsuit?

In Tennessee, a wrongful death claim survives the death of the person being sued. To avoid losing the claim because of the death of the wrongdoer, however, Tennessee law sets out a procedure that must be strictly followed.

If the person who caused the accident dies before a wrongful death lawsuit can be filed, you (or whoever is entitled to file the claim) must file suit against the personal representative of the deceased wrongdoer. If an estate is currently open for the person you plan to sue, identifying the personal representative will be simple. If an estate has not been opened, however, you must petition the court in the wrongdoer’s home county for an administrator ad litem to serve as personal representative in the wrongful death case. Likewise, if an estate was opened for the person who caused the death but has already been closed, you should petition to reopen the estate to have an administrator ad litem appointed.

Determining whether the person who caused an accident has passed away can take time, and following the procedure for getting an administrator ad litem appointed adds additional work to an already complicated area of the law. Because you only have one year within which to file a wrongful death claim, it is critical to contact a reputable attorney and begin investigation of your wrongful death claim as soon as possible. Although the time limit for filing a wrongful death claim may be extended for up to six months based on the period between the death of the person being sued and the appointment of an administrator, time is nevertheless of the essence in such a situation.

If you would like to talk to one of our experienced wrongful death attorneys about a potential case, we offer a free initial consultation so that you can better understand your legal rights and options. Remember, we handle all accident cases on a contingency basis, which means we only get paid if we recover money for you and your family. To get started, please contact us online or at one of three office locations. While our offices are all physically located in Middle Tennessee, we handle wrongful death cases throughout the State of Tennessee.

Nashville: 615-669-3993

Murfreesboro: 615-867-9900

Brentwood: 615-742-4880

Toll-Free: 866-812-8787

For more information on wrongful death cases in Tennessee, you can also visit these links:

Wrongful Death Cases

Who has the right to bring a wrongful death claim?

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