Tennessee decides who can file a wrongful death lawsuit by statute, not by who was closest to the person who died. Tenn. Code Ann. §§ 20-5-106 and 20-5-107 set out who holds the right to bring the action. In most families the answer is straightforward: the surviving spouse comes first. There are important exceptions, though, and disputes over them can eat into a short filing deadline.
Tennessee does not create a separate claim for each grieving family member. Under § 20-5-106(a), the right of action the deceased person would have had against the wrongdoer does not end with their death. It passes to specific people the statute names.
The Tennessee Supreme Court explained how this works in Beard v. Branson, 528 S.W.3d 487 (Tenn. 2017). The court held that the decedent’s right of action “passes to” the surviving spouse, who asserts it for the benefit of himself or herself and the other statutory beneficiaries. The spouse is not acting merely as a representative of the decedent. The court also described the surviving spouse as having the superior right to assert the action and control the proceedings.
Tennessee’s wrongful death statutes are also often described as a hybrid of survival and wrongful death legislation. That characterization comes from earlier decisions, such as Jordan v. Baptist Three Rivers Hospital, 984 S.W.2d 593 (Tenn. 1999), which recognized that the action compensates for the decedent’s own losses as well as the survivors’ losses.
Families dealing with a fatal accident may also benefit from understanding their broader options under Tennessee law, including those discussed by a personal injury lawyer in Johnson City.
Tenn. Code Ann. §§ 20-5-106 and 20-5-107 establish who may commence the action and in what order. Tennessee courts apply that order strictly rather than flexibly.
This article does not attempt to set out the full order, because the provisions contain conditions and qualifications that can affect the answer. Determining who holds the right in your family requires reviewing the relevant facts and documents with an attorney.
What can be said plainly is that assumptions are unreliable here. The person who organized the funeral, paid the bills, or was closest to the deceased does not necessarily hold the right of action.
The deadline does not pause while a family works out who is entitled to sue. Tennessee generally applies a one-year limitation period to wrongful death claims under Tenn. Code Ann. § 28-3-104(a)(1), and there is no separate, longer wrongful death period.
Several situations can change that general rule, so the one-year figure should not be treated as absolute:
A family should not assume which rule applies without asking an attorney, and should treat the one-year period as the working deadline until told otherwise.
Where the personal representative will be the plaintiff and an estate must be opened, those steps take place within the same deadline. A disagreement among family members about who should bring the claim runs on the same clock.
These situations arise more often than people expect, particularly where there are children from more than one relationship, an estrangement, or a surviving spouse whose position is contested.
The statute, rather than the family, determines who has the right to bring the action, and the exceptions above explain many of the contested cases. An independent explanation of the law can help clarify that right before a disagreement consumes valuable time.
A claim arising in Washington County may be filed in the Circuit Court for Washington County in the First Judicial District. The county seat is Jonesborough rather than Johnson City, so the appropriate filing location may not be where families expect.
Federal matters for the county are handled in the Eastern District of Tennessee, Northeastern Division, in Greeneville. The proper venue depends on the nature of the case and the parties involved.
Johnson City Medical Center serves as a major trauma center for the region, so records from a serious incident may be detailed and immediate. Those records can help establish the circumstances surrounding the death, regardless of who ultimately brings the claim.
When the action is brought by a personal representative of the estate, that role carries responsibilities beyond the title. The representative brings the claim for the benefit of those entitled to recover, not for their own account.
That distinction shapes decisions throughout the case. Settlement, distribution among beneficiaries, and communication with the court must reflect the representative’s responsibilities to others.
The person chosen for this role should be able to manage those duties. Someone who is unavailable or in conflict with other beneficiaries may create complications later.
| Question | How it is answered. |
| How many claims exist | One right of action, which passes to the persons named in § 20-5-106. |
| Who may bring it | Generally the surviving spouse first, then children, then next of kin. The personal representative may also bring it for their benefit. Exceptions include abandonment and child support arrears (§ 20-5-107). |
| How long there is | Generally one year under Tenn. Code Ann. § 28-3-104(a)(1), with important exceptions for health care liability claims and other situations. |
Who Can File a Wrongful Death Lawsuit in Tennessee?
The action is brought according to a statutory priority under Tenn. Code Ann. 20-5-106 and 20-5-107, which Tennessee courts construe strictly.
Can several family members each bring their own claim?
No. Tennessee recognises a single right of action that preserves the claim belonging to the person who died.
Does the deadline wait while we work out who should sue?
No. The one-year period continues to run, and steps such as opening an estate happen inside it rather than alongside it.
Before a wrongful death claim can move forward, it is essential to determine who has the legal right to bring it under Tennessee law. The answer may not be what a family expects, and resolving this question early can help prevent delays.
Fox & Farmer offers free consultations to help families understand their legal options. Contact the firm at 423-390-0000 through its contact page to discuss your situation with a Johnson City wrongful death lawyer.
Last reviewed: October 2026
This post was reviewed by Alexander W. Gothard, licensed in Tennessee since 1996.
Content is provided for informational purposes only and does not constitute legal advice. Consult a licensed Tennessee attorney for guidance specific to your situation.
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