(a) Where a wrongful death action has been instituted by any person other than an executor, executrix, administrator or administratrix of a decedent‘s estate, the estate may be made a party defendant to any civil action arising out of the same facts, happenings, or circumstances otherwise properly brought by serving process on the person instituting the original wrongful death action.
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Terms Used In Tennessee Code 20-2-112

  • Administratrix: The female counterpart of an administrator. See also
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Executor: A male person named in a will to carry out the decedent
  • Executor: includes an administrator, where the subject matter applies to an administrator. See Tennessee Code 1-3-105
  • Executrix: The female counterpart of an executor. See also
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
(b) If, after a decedent’s estate is made a party defendant as provided in subsection (a), an executor, executrix, administrator or administratrix of the decedent’s estate is thereafter appointed, the person who instituted the original wrongful death action shall notify the executor, executrix, administrator or administratrix of the decedent’s estate in writing of all actions heretofore instituted against the decedent’s estate. The failure of the person to notify the executor, executrix, administrator or administratrix of the decedent’s estate, as provided in this subsection (b), may render the person liable for all resultant damages.
(c) Any individual served with process under this section shall notify any person or entity charged with the responsibility of defending the action to which the subject estate has been made a defendant. The notice shall be in writing.
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