§ 29-13-113 — Subrogation

Tennessee § 29-13-113

• Jurisdiction: Tennessee
• Title: 29

Text

(a) Whenever any person is convicted of an offense and an order for the payment of compensation is or has been made under this chapter for a personal injury or death resulting from the act constituting such offense, the state of Tennessee may institute an action against such person for the recovery of the whole or any specified part of the compensation in the circuit courts of the state of Tennessee in any county, in a state, or in a federal court of any other state or district in which such person resides. (b) An order for the payment of compensation under this chapter shall not affect the right of any person to recover damages from any other person by a civil action for the injury or death. (c) As a condition for the receipt of a criminal injuries compensation award, the recipient of an award shall agree, by such form as the board of claims may direct, to cooperate fully with appropriate officials of the state should the state proceed to institute an action against the criminal offender to recover the whole or any specified part of the compensation awarded. (d) Should any person receiving an award for criminal injuries compensation choose to exercise such person's right to recover damages in civil court for injury or death, such person shall notify the district attorney general and the division of the institution of such a lawsuit by serving the district attorney general and the division through the United States mail with a copy of the complaint, all subsequent pleadings and a copy of the final judgment in order to give the state notice of the existence of such an action so that the state may pursue its subrogated interest.

Legislative History

Acts 1976, ch. 736, § 13; Acts 1980, ch. 628, § 1; T.C.A., §§ 23-3513, 23-35-113; Acts 1984, ch. 752, § 9; 1993, ch. 494, § 13.