§ 20-5-116. Party Substituted in Revivor
Suit abated by the death of either party may be revived by or against the heir, personal representative, guardian or assign, as the case may be, who may be legally entitled to the decedent’s place in the subject matter of the litigation. Code 1858, § 2859 (deriv. Acts 1786, ch. 14, § 1; 1794, ch. […]
§ 20-5-117. Death of Nominal Plaintiff
Where a suit is commenced in the name of one person for the use of another and the nominal plaintiff dies, the suit may be prosecuted without a revivor, as if the death had not happened. Code 1858, § 2858 (deriv. Acts 1825, ch. 29, § 3); Shan., § 4578; Code 1932, § 8703; T.C.A. […]
§ 20-5-120. Automobile Liability Insurance Carrier Negligent in Failing to Settle Claim Against Insured — Survival of Action — Assignment of Right of Action for Benefit of Creditors
Any cause of action belonging to an insured person against the insured’s automobile liability insurance carrier, based upon the negligence or bad faith of the insurance carrier in failing or refusing to settle any claim against the insured person within the limits of the insured’s automobile liability insurance policy, shall survive the death of the […]
§ 20-5-104. Revival by or Against Heirs
If no person will administer on the estate of a deceased plaintiff or defendant, the suit may be revived by or against the heirs of the decedent. Code 1858, § 2849 (deriv. Acts 1809 (Sept.), ch. 121, § 3); Shan., § 4571; Code 1932, § 8696; T.C.A. (orig. ed.), § 20-605.
§ 20-5-105. Revival by or Against Successor in Interest
If the decedent has parted with the decedent’s interest pending the suit, it may be revived by or against the successor in interest instead of the representative or heir. Code 1858, § 2850 (deriv. Acts 1794, ch. 1, § 64); Shan., § 4572; Code 1932, § 8697; T.C.A. (orig. ed.), § 20-606.
§ 20-5-106. Injury Resulting in Death — Succession to Cause of Action — Beneficiary Who Is Minor or Legally Incompetent
The right of action that a person who dies from injuries received from another, or whose death is caused by the wrongful act, omission, or killing by another, would have had against the wrongdoer, in case death had not ensued, shall not abate or be extinguished by the person’s death but shall pass to the […]
§ 20-5-107. Prosecution of Action by Representative or Surviving Spouse or Next of Kin
The action may be instituted by the personal representative of the deceased or by the surviving spouse in the surviving spouse’s own name, or, if there is no surviving spouse, by the children of the deceased or by the next of kin; also, without the consent of the personal representative, either may use the personal […]
§ 20-5-108. Continuation of Decedent’s Action
If the deceased had commenced an action before the deceased’s death, it shall proceed without necessity of revivor. The damages shall go to the surviving spouse and next of kin free from the claims of creditors. Code 1858, § 2293; Shan., § 4028; mod. Code 1932, § 8238; Acts 1975, ch. 284, § 3; T.C.A. […]
§ 20-5-110. Action for Death of Spouse
A suit for the wrongful killing of the spouse may be brought in the name of the surviving spouse for the benefit of the surviving spouse and the children of the deceased, in the name of the administrator of the deceased spouse or in the name of the next of kin of the spouse. The […]
§ 20-5-111. Death of Beneficiary Before Action
Death of a primary beneficiary, after the death of one so injured and before suit is brought, shall not work a loss of cause of action, which shall be deemed to survive in behalf of those who, after the beneficiary, are the next of kin of the decedent. Code 1932, § 8243; T.C.A. (orig. ed.), […]