Wrongful Death Complaint - Tennessee

WRONGFUL DEATH COMPLAINT

(Tennessee – Circuit Court, or Chancery Court on Concurrent Jurisdiction)

TABLE OF CONTENTS

1. Caption
2. Preliminary Statement
3. Parties
4. Jurisdiction, Venue, and Statutory Preconditions
5. Factual Allegations

6. Causes of Action
   6.1 Negligence Resulting in Wrongful Death
   6.2 Survival Action (Personal Injury Claims of Decedent)

7. Damages Sought

8. Prayer for Relief
9. Jury Demand
10. Certification & Verification
11. Signature Block

1. CAPTION

IN THE [CIRCUIT / CHANCERY] COURT FOR [___] COUNTY, TENNESSEE

COMPLAINT FOR WRONGFUL DEATH AND SURVIVAL ACTION

2. PRELIMINARY STATEMENT

1. This civil action seeks redress for the preventable death of [Decedent Name] ("Decedent"), pursuant to Tenn. Code Ann. §§ 20-5-106, 20-5-107, and 20-5-113 (Tennessee's wrongful death and survival statutes) and applicable common law.
2. Plaintiff alleges that Defendants' negligent acts and omissions directly and proximately caused Decedent's fatal injuries on [Date of Incident].
3. Plaintiff demands a jury trial on all issues so triable.

3. PARTIES

3.1 Plaintiff. [Plaintiff Full Legal Name], a resident of [County, State], is the [relationship—e.g., surviving spouse, child, parent] of Decedent. Under Tenn. Code Ann. § 20-5-106(a), the right of action that Decedent would have had passes first to Decedent's surviving spouse; if there is no surviving spouse (or the surviving spouse's right has been waived under § 20-5-106(c) for abandonment or willful withdrawal for a period of two years), the right passes to Decedent's children or next of kin, or to Decedent's personal representative for their benefit. Plaintiff is authorized under Tenn. Code Ann. § 20-5-107 to institute and prosecute this action [in Plaintiff's own name as surviving spouse / as personal representative / as next of kin] for the benefit of all statutory beneficiaries.

3.2 Defendant(s).
(a) [Defendant 1 Name] is a [corporation / LLC / individual] organized under the laws of [State] with its principal place of business at [Address] and may be served through its registered agent, [Agent Name & Address].
(b) [Add additional defendants as needed].

4. JURISDICTION, VENUE, AND STATUTORY PRECONDITIONS

4.1 This Court has subject-matter jurisdiction under Tenn. Code Ann. § 16-10-101 (circuit court general jurisdiction). [If filed in Chancery Court: Chancery Court has concurrent jurisdiction under Tenn. Code Ann. § 16-11-102 unless and until a defendant timely pleads to the jurisdiction, in which case the unliquidated personal-injury damages claims asserted herein must be transferred to Circuit Court.]

4.2 Venue is proper in this Court under Tenn. Code Ann. § 20-4-101 because the cause of action arose in [County] and/or the individual Defendant(s) reside here.

4.3 This action is timely filed within the period selected after analyzing the decedent's underlying claim and accrual. [Do not invoke § 28-3-104(a)(2) in a wrongful-death action without current controlling authority establishing that its injured-person and prosecuted-party conditions apply to this posture.]

4.4 All statutory conditions precedent to filing this action, including compliance with any applicable pre-suit notice or certificate of good faith requirements under Tenn. Code Ann. §§ 29-26-121 and 29-26-122 (health care liability actions only, where applicable), have been satisfied or are not required.

5. FACTUAL ALLEGATIONS

5.1 On [Date] at approximately [Time], Decedent was [brief description of activity—e.g., lawfully operating a motor vehicle on Highway 70].

5.2 Defendant [Name] negligently [describe act/omission—e.g., failed to maintain proper lookout, violated Tenn. Code Ann. § __], causing a collision that inflicted catastrophic injuries upon Decedent.

5.3 Decedent was transported to [Hospital], where, despite medical intervention, Decedent succumbed to injuries on [Date of Death].

5.4 As a direct and proximate result of Defendants' negligence, Decedent endured conscious pain and suffering prior to death, and Plaintiff and other statutory beneficiaries sustained pecuniary and non-pecuniary losses, including loss of consortium, guidance, society, and support.

6. CAUSES OF ACTION

6.1 Count I – Negligence Resulting in Wrongful Death

(a) Plaintiff realleges ¶¶ 1–5.4.
(b) Defendants owed Decedent a duty of reasonable care under the circumstances.
(c) Defendants breached that duty by [specific acts/omissions].
(d) The breach was the actual and proximate cause of Decedent's fatal injuries.
(e) Pursuant to Tenn. Code Ann. §§ 20-5-106, 20-5-107, and 20-5-113, Plaintiff seeks all damages recoverable for wrongful death on behalf of Decedent's statutory beneficiaries.

6.2 Count II – Survival Action (Personal Injury Claims of Decedent)

(a) Plaintiff realleges ¶¶ 1–6.1(e).
(b) Under Tennessee's wrongful death statutes (Tenn. Code Ann. §§ 20-5-106, 20-5-113), the right of action Decedent would have had against Defendants for personal injuries does not abate at death but passes to Plaintiff as the statutorily entitled party.
(c) Plaintiff seeks damages that Decedent could have recovered had Decedent lived, including pre-death conscious pain and suffering, medical expenses, loss of time, and loss of earning capacity, as provided in Tenn. Code Ann. § 20-5-113.

7. DAMAGES SOUGHT

7.1 Economic Damages
(i) Medical and hospital expenses: $[___]
(ii) Funeral and burial expenses: $[___]
(iii) Loss of Decedent's expected earnings, fringe benefits, and accumulation of estate (pecuniary value of Decedent's life): $[___]

7.2 Non-Economic Damages (subject to the cap in Tenn. Code Ann. § 29-39-102)
(i) Physical and mental pain and suffering of Decedent prior to death
(ii) Loss of consortium, care, guidance, and companionship for statutory beneficiaries

7.3 Punitive Damages (subject to the cap in Tenn. Code Ann. § 29-39-104 — greater of two times compensatory damages or $500,000, subject to statutory exceptions)

7.4 Pre- and post-judgment interest as allowed by law, plus taxable costs.

8. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court:
A. Enter judgment against Defendants, jointly and severally, for compensatory damages in an amount to be proven at trial;
B. Award punitive damages in an amount sufficient to punish and deter, consistent with statutory caps;
C. Award pre- and post-judgment interest, costs, and discretionary fees as permitted;
D. Grant such other and further relief, legal or equitable, to which Plaintiff may be entitled.

9. JURY DEMAND

Pursuant to Article I, § 6 of the Tennessee Constitution and Tenn. R. Civ. P. 38, Plaintiff demands a trial by jury on all triable issues.

10. CERTIFICATION & VERIFICATION

I, [Plaintiff/Representative Name], certify under Tenn. R. Civ. P. 11 that, after reasonable inquiry, the allegations and other factual contentions have evidentiary support or are likely to have evidentiary support after discovery.

_________________________________
[PLAINTIFF NAME]

11. SIGNATURE BLOCK

Respectfully submitted,

_________________________________
[ATTORNEY NAME] (BPR No. _______)
[LAW FIRM NAME]
[Street Address]
[City, State ZIP]
Telephone: [___]
Email: [___]
Counsel for Plaintiff

OPTIONAL ARBITRATION AND ADR STATEMENT

Plaintiff is unaware of any valid agreement requiring arbitration of the claims asserted herein. To the extent any Defendant contends that arbitration is mandatory, Plaintiff denies waiver of the constitutional right to trial by jury and affirmatively pleads that the wrongful-death statutes contemplate adjudication in a court of competent jurisdiction.

NOTES FOR CUSTOMIZATION

• Statutory Beneficiaries and Priority: Confirm priority — surviving spouse first, then children/next of kin, then personal representative — per Tenn. Code Ann. § 20-5-106(a). A surviving spouse's right may be waived only on proof of abandonment or willful withdrawal for two years under § 20-5-106(c); Tennessee courts strictly enforce spousal priority absent that showing (see Beard v. Branson, 528 S.W.3d 487 (Tenn. 2017); Nelson v. Myres, No. M2015-01857-SC-R11-CV (Tenn. Mar. 5, 2018)). If more than one statutory beneficiary may claim the right to sue, resolve priority/waiver before filing.
• Forum: File in Circuit Court. Chancery Court has only conditional concurrent jurisdiction over unliquidated personal-injury/wrongful-death damages claims under Tenn. Code Ann. § 16-11-102 and must transfer to Circuit Court if a defendant timely objects. There is no separate statewide Probate Division for wrongful death tort claims.
• Damage Caps: Verify the current status of pending legislation (HB0005/SB0419) that would raise the noneconomic damages caps under Tenn. Code Ann. § 29-39-102; the official SB0419 history last records it held on the Senate desk on April 23, 2026, with no enactment shown; the $750,000/$1,000,000 statutory figures remain the baseline subject to § 29-39-102(h) exceptions. Consider pleading in the alternative that the caps are unconstitutional as applied if relevant precedent supports the argument (cf. McClay v. Airport Mgmt. Servs., LLC (Tenn. 2020) (caps upheld)).
• Comparative Fault: Anticipate affirmative defenses under Tennessee's modified comparative fault doctrine (Tenn. Code Ann. § 29-11-101 et seq.; McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992)); recovery is barred if the decedent's/plaintiff's fault equals or exceeds 50%.
• Healthcare Liability Actions: If medical negligence is alleged, comply with Tenn. Code Ann. §§ 29-26-121 (pre-suit notice) and -122 (certificate of good faith).
• Survival Action Claims: Itemize Decedent's pre-death pain and suffering separately in discovery to avoid confusion with beneficiary damages under Tenn. Code Ann. § 20-5-113.