What effects does a victim’s previous judgment have on their family’s wrongful death claim?

UPDATED: Dec 22, 2011

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What effects does a victim’s previous judgment have on their family’s wrongful death claim?

Mr. Roy was injured in a car wreck 1 year ago. He sued the other driver and recovered a fair judgment. He has since passed due to the injuries he received in the wreck. What effects does Mr. Roy’s previous lawsuit and judgment have on his family’s possible wrongful death suit?

Asked on December 22, 2011 under Personal Injury, Tennessee


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The heirs of the person who died as the result of an automobile accident have their own separate lawsuit for wrongful death for the loss of the person who was injured and subsequently died after obtaining a judgment against the person or persons held liable for his injuries.

The wrongful death lawsuit is separate and apart from the lawsuit that the deceased person was in. The prior lawsuit has no effect legally on the wrongful death action. In the former, the person involved in the car wreck sued for his own injuries. In the latter, the heirs are suing for their own injuries for the loss the the person who died. The loss would consist of, but not be limited to comfort, love and support.

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