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Tennessee law

Wrongful Death Laws in Tennessee.

Tennessee's wrongful-death statute (Tenn. Code § 20-5-106 et seq.) permits recovery by the surviving spouse, next of kin, or personal representative. Damages include pecuniary losses, loss of consortium, and pre-death pain and suffering. The 1-year statute of limitations is among the shortest in the U.S. Tennessee's modified comparative fault (50% bar) applies. Tennessee's 2011 tort reform caps noneconomic damages ($750K; higher for catastrophic).

Last verified: 2026-04-17

State law

Statute of Limitations

1 year from date of deathTenn. Code § 28-3-104

Wrongful death actions must be filed within 1 year of the date of death — among the shortest in the U.S.

State law

Key Tennessee Statutes

Wrongful Death ActTenn. Code § 20-5-106 et seq.

Action brought by the surviving spouse, next of kin, or personal representative. Damages include pecuniary losses, loss of consortium, and pre-death pain and suffering.

Noneconomic Damages Cap (2011 Tort Reform)Tenn. Code § 29-39-102

Noneconomic damages in most civil actions (including wrongful death) capped at $750,000. Higher cap ($1,000,000) for "catastrophic loss or injury" (including spinal cord injuries, amputations, severe burns, wrongful death of minor parent with minor children).

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Tennessee.

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