Wrongful Death of an Unmarried Adult

When a person is killed in an accident or due to another person’s negligence, his or her loved ones may have the right to file a wrongful death claim. If the person who died was married, his or her spouse has the right to pursue the wrongful death claim. But what if an adult who is unmarried with no children dies?

Who Can File a Wrongful Death Claim for an Unmarried Adult With No Children?

If the person who dies was unmarried and had no children at the time of their death, the person’s parents have the right to file the wrongful death case. Whether the parents are married or divorced, either parent has an equal right to bring the case.

Who Will Receive Any Wrongful Death Proceeds?

In the case of an unmarried adult with no children, the person’s parents are entitled to receive any money recovered in a wrongful death lawsuit. Even in the case of an adult child, however, issues related to child support arrearages could affect the distribution of any recovery.

If one parent owes child support arrearages related to the adult child who died, those amounts must be paid in full before that parent can recover any wrongful death damages. While child support obligations typically end when a child turns eighteen or graduates from high school, past due support is still owed and collected in Tennessee. Note that these arrearages would not affect the parent’s ability to file the wrongful death claim, but they must be paid before that parent can share in the wrongful death recovery.

What Damages Can Be Recovered for the Death of an Adult Child?

Tennessee generally allows for recovery of the following categories or damages in the case of the death of an adult: (1) medical bills for treatment of the injuries that resulted in death; (2) funeral expenses; (3) conscious pain and suffering from the time of injury to the time of death; (4) loss of earning capacity between the time of injury and the time of death; (5) loss of enjoyment of life between the time of injury and death; and (6) the pecuniary value of life. If the parents of the adult child did not share these costs equally, the amount either parent paid may affect the distribution of any recovery.

The “pecuniary value of life” is essentially the amount of money the deceased would have earned over the course of his or her life minus the amount that would have been needed for necessary living expenses. This measure of damages can also include an award for loss of consortium, which is the loss of love, society, and affection.

If the adult child’s death was caused by reckless or intentional misconduct, the parents may also seek punitive damages. Punitive damages are designed to punish the wrongdoer and deter similar future behavior.

It is important to note that Tennessee has certain limits on the amount that can be recovered for loss of consortium and punitive damages in wrongful death cases. To read more about those limits and to see more details about the types of damages that might be recovered, you can visit this page.

How Much Time is Allowed to File a Wrongful Death Claim for an Adult Child?

Tennessee law sets a one-year time limit for the filing of a wrongful death case. This means that the lawsuit must be filed within one year from the date of the injury that caused the death. In the case of an unmarried adult with no children, it is critical to ensure that at least one parent files the case in a timely manner to preserve the claim. While there are some narrow exceptions, the one-year rule generally applies, which means that contacting a reputable attorney as soon as possible is imperative for preserving your claim. This page explains more about the time limitations for filing a wrongful death claim.

If you have experienced the death of your adult child and want to explore your potential options, contact one of our experienced wrongful death attorneys as soon as possible. We handle wrongful death cases throughout the State of Tennessee, and we offer a free initial consultation. If we think you have a case, we will handle your claim on a contingency fee basis, meaning that we only get paid if we recover money for you and your family. You can contact us online or at one of our three office locations.

Nashville: 615-669-3993

Murfreesboro: 615-867-9900

Brentwood: 615-742-4880

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

1. Who has the right to file a wrongful death claim or lawsuit?
2. How did the accident happen and who is to blame?
3. What types of damages are recoverable in a wrongful death suit?
4. What is the deadline for bringing a wrongful death suit in Tennessee?