Memphis Wrongful Death Lawyer
Have you lost a loved one due to someone else’s negligence?
Losing someone close to you is never easy. Even if a person’s passing was expected, like after a long illness, grief and loss are painful and difficult to navigate. On top of everything, there are affairs to handle, an estate to settle, and memorial arrangements to make.
When your loved one dies due to someone else’s actions or negligence, there are often added feelings of anger and injustice. The responsible parties need to be held accountable for the untimely ending of your family member’s life.
Dealing with all the emotions, stress, and arrangements after the death of a loved one is hard enough without having to handle a mountain of legal proceedings on your own. Let an experienced Memphis wrongful death lawyer help walk you through the process and handle the legal legwork of your lawsuit so you can focus on healing and moving forward.
What is Considered a Wrongful Death?
While it always feels like we’ve lost our loved one too soon, a wrongful death claim must meet specific criteria for legal action to be taken.
A good way to determine if your case meets the criteria for a wrongful death lawsuit is to consider whether the deceased would have had a valid personal injury claim if they had survived their injuries. If they would have been able to claim damages for their injuries, then you should be able to claim damages for their death.
Wrongful death claims can result from a variety of situations, including:
- Car accidents
- Premises liability
- Slip and falls
- Dog bites
- Assault or other intentional harm caused
Basically, a wrongful death occurs when another party’s recklessness, omission, intentional act, or another form of negligence causes harm to your loved one, ultimately leading to their death.
Who Can File a Wrongful Death Claim?
According to Tennessee law, the individual that brings a wrongful death action is typically the deceased person’s closest living relative—or “next of kin”—starting with their surviving spouse.
If no surviving spouse exists, the individuals that are permitted to file a lawsuit for wrongful death include the deceased person’s:
- Parents (if there are no living children)
- Siblings (if there are no living children or parents)
- Executor or administrator
Suppose the executor or administrator of the deceased person’s estate brings a wrongful death lawsuit. In that case, they’re typically doing so on behalf of the estate, with settlement money ultimately going to the deceased’s family members or heirs.
What Damages Can Be Recovered in a Wrongful Death Lawsuit?
When someone dies due to negligence, the responsible party could be required to pay economic and non-economic damages. These types of damages are common in many personal injury cases. Still, additional damages that are unique to wrongful death lawsuits can be sought.
Also called “compensatory damages,” economic damages refer to those that are measurable monetary losses.
For a wrongful death case, these include:
- Medical bills incurred between the injury and the death
- Funeral expenses
- Burial expenses
- Lost future earnings
Other losses are experienced in wrongful death cases and are often a bit more difficult to measure. These are called “non-economic damages” and include the pain and suffering that the deceased experienced after the injury and before their death. They can also include the loss of companionship, love, and guidance surviving family members experience.
Contact a Trusted Memphis Wrongful Death Attorney Today
When you’re dealing with losing a loved one, it’s an emotional, stressful, and devastating time. If someone else caused the death of your family member, they need to be held accountable.
A Memphis personal injury lawyer can help you find out if you have a wrongful death case and what your next steps should be.
Pickford Law is a personal injury law firm that will be by your side through the whole legal process. Our Memphis wrongful death attorneys will advocate for you and work toward a fair settlement that compensates you for the unbearable loss you’ve experienced. Contact us today.Free Case Review