§ 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.), […]
§ 20-5-112. Death of Beneficiary During Action
No suit for personal injuries or death from a wrongful act, in any of the courts of this state, whether on appeal or otherwise, and whether in an inferior or appellate court, shall abate or be abated, because or on account of the death of the beneficiary or beneficiaries for whose use and benefit the […]
§ 20-5-113. Damages Recoverable in Wrongful Death
Where a person’s death is caused by the wrongful act, fault or omission of another and suit is brought for damages, as provided for by §§ 20-5-106 and 20-5-107, the party suing shall, if entitled to damages, have the right to recover for the mental and physical suffering, loss of time and necessary expenses resulting […]
§ 20-5-114. Death of Executor or Administrator
When any sole executor or administrator is plaintiff or defendant and dies, the suit may be revived by or against the executor, administrator de bonis non or other successor in the interest of the decedent. Code 1858, § 2853 (deriv. Acts 1825, ch. 65, §§ 4, 5); Shan., § 4574; Code 1932, § 8699; T.C.A. […]
§ 20-5-101. No Abatement Where Cause Survives
Actions do not abate by the death or other disability of either party, or by the transfer of any interest in the action, if the cause of action survives or continues. Code 1858, § 2845 (deriv. Acts 1785, ch. 2, § 2; 1786, ch. 14, § 1; 1819, ch. 16, §§ 1, 3; 1835-1836, ch. […]
§ 20-5-102. Actions Surviving Death of Party
No civil action commenced, whether founded on wrongs or contracts, except actions for wrongs affecting the character of the plaintiff, shall abate by the death of either party, but may be revived; nor shall any right of action arising hereafter based on the wrongful act or omission of another, except actions for wrongs affecting the […]
§ 20-5-103. Causes Surviving Death of Tort-Feasor
In all cases where a person commits a tortious or wrongful act causing injury or death to another, or property damage, and the person committing the wrongful act dies before suit is instituted to recover damages, the death of that person shall not abate any cause of action that the plaintiff would have otherwise had, […]
§ 20-4-204. Allowance of Change
If the presiding judge, on due consideration, is of the opinion that the cause set forth is good, and the truth of the cause set forth is evident and credibly supported, the presiding judge shall allow the change asked for. Code 1858, § 2838 (deriv. Acts 1825, ch. 78, § 1); Shan., § 4552; mod. […]