STATE LAW – TENNESSEE LIBRARY – GUIDE 20
Tennessee Wrongful Death & Survival Claims
Tennessee wrongful-death law preserves the decedent’s cause of action and passes it to statutorily designated beneficiaries or the personal representative. Fatal-crash claims require attention to beneficiary priority, survival elements, damages, insurance coverage and applicable limitations periods.

Tennessee preserves the decedent’s injury claim
Section 20-5-106 provides that the decedent’s injury action does not abate and identifies the statutory persons who succeed to the right. Confirm the proper plaintiff and any estate appointment before settlement or filing.
The wrongful-death right follows the statutory succession
Wrongful-death recovery is statutory. Family relationships, surviving spouse status, children, next of kin and estate administration can affect who controls or benefits from the claim.
Damages combine decedent and beneficiary loss
Section 20-5-113 allows recovery of specified damages suffered by the decedent and damages resulting to statutory beneficiaries from the death. Preserve medical, funeral, earnings, household, relationship and dependency evidence.
Limitation and estate authority require immediate attention
Tennessee’s ordinary personal-injury limitation is short, and wrongful-death timing can depend on the underlying injury claim and statutory rules. Coordinate limitations, probate authority, insurance and any government-claim procedure immediately.
Current-law review: October 4, 2026. Verify the accident-date policy, current primary authority, later case treatment, and claim-specific deadlines before legal reliance.
PUBLIC-INTEREST LEGAL EDUCATION
VictimsGuide does not provide legal services or create an attorney-client relationship. Insurance requirements, deadlines, remedies and controlling authority can change. Verify current primary authority, policy language and the law applicable to the particular event before legal reliance.
Authorities and source notes
- Tennessee wrongful-death and survival provisions — Tenn. Code Ann. §§ 20-5-106, 20-5-113
- Tennessee personal-injury and property-damage limitation statutes — Tenn. Code Ann. §§ 28-3-104, 28-3-105
- McClay / Yebuah — Tennessee noneconomic-damages cap authorities — McClay v. Airport Mgmt. Servs., LLC, 596 S.W.3d 686 (Tenn. 2020); Yebuah v. Ctr. for Urological Treatment, PLC, 624 S.W.3d 481 (Tenn. 2021)
Registry authority mapping and cited propositions reviewed October 4, 2026. Canonical source preservation and formal subsequent-history review remain maintenance items where noted.
Citizen crossroads
