Memphis Wrongful Death Lawyers
In Tennessee, a deceased’s family or estate can file a wrongful death lawsuit if their loved one died due to another person’s intentional or accidental actions. These state laws treat wrongful death claims as a particular type of personal injury case, where the injured individual can no longer bring their claim to court.
If negligence results in the death of another individual, the liable party is not in the clear because the deceased individual cannot file an injury lawsuit themselves. In these situations, you can bring a wrongful death claim against the person liable for the death of your loved one. At NST Law, our personal injury lawyers can help you, as the close relative of the deceased, bring a civil claim for recovery if your loved one has died due to negligence by another person.
Leading Causes of Fatal Accidents in Tennessee
According to statistics from the Centers for Disease Control and Prevention (CDC), accidents are the fourth leading cause of death among Tennessee residents. Additionally, according to the Tennessee Department of Transportation, the number of fatal car accidents has increased 11.9% from 2020. Although these fatal accidents can occur for many reasons, in Tennessee, they are generally the result of:
- Motor vehicle accidents
- Medical malpractice incidents, such as birth injuries or surgical mistakes
- Premises liability accidents, including inadequate security at an apartment complex, shopping center, or another place of business that results in a shooting or other criminal act
- Defective product accidents
- Workplace accidents
- Pedestrian accidents
- Bicycle accidents
Who Can File a Wrongful Death Claim in Tennessee?
According to Tennessee law, the representative filing the wrongful death claim, usually the next of kin or the executor, files the suit on behalf of the survivors who have suffered because of the death. These survivors often include the following:
- A spouse, children, and unmarried parents of children
- Anyone financially dependent on the deceased
- Depending on the circumstances, other family members may also be included as survivors
What Is the Time Limit for Filing a Wrongful Death Lawsuit in Tennessee?
The statute of limitations is a law that mandates the maximum amount of time a person has to file a lawsuit following an alleged offense. If these individuals do not file this claim within that allotted time, they can be barred from collecting compensation for their injuries and losses.
In Tennessee, the statute of limitations to file a wrongful death lawsuit is one year from the date of an accident or person’s death, depending on the facts. However, there may be exceptions to this rule in some cases that can extend this filing period. For instance, the statute of limitations may be extended to two years if there are criminal charges against the person responsible for the wrongful death, such as in the case of a hit-and-run or a deadly drunk driving crash.
However, because this is still a relatively short time frame to file a legal case, it is in your best interest to speak to a wrongful death attorney as soon as possible after a wrongful death accident. Your lawyer can not only determine precisely how much time you have to file your case, but they can also ensure that your legal motions and documents are filed before time runs out.
What Damages Can Be Recovered in a Memphis Wrongful Death Case?
If you are successful in a wrongful death lawsuit, the court may award you certain damages. Depending on the circumstances of the incident, in Tennessee, these damages often include the following:
- Funeral expenses
- Burial expenses
- Medical bills
- Lost wages, including the benefits and income the decedent would have likely earned if they had lived
- Costs resulting from the injury before the decedent passed away
- Physical and mental suffering experienced by the decedent
- The family’s losses related to the decedent’s love, guidance, care, and companionship
How to File a Wrongful Death Claim in Tennessee
Even though no amount of money can make up for the loss of your loved one, you still deserve compensation to start rebuilding your life and pay for all the expenses related to your family member’s death. Working with an experienced Memphis wrongful death attorney can help you take on this challenging legal battle and go after the damages you need.
Generally, in Tennessee, filing a wrongful death case is similar to filing a personal injury lawsuit as the deceased would have had they survived the accident. As a result, the suit will have to be filed with the appropriate court and give proper notice to the party you are suing. Once the other party receives the notice, they will have an opportunity to respond, and the court will set a hearing date.
However, when you file a wrongful death claim, you must prove liability in the same way the deceased would have if they survived the wrongful act. In many of these accidents, this means that you would need to confirm that the other party was negligent, and this negligence resulted in your family member’s death.
There are generally four elements that need to be established when trying to prove negligence. They include the following:
- The at-fault party owed the decedent a duty of care
- The at-fault party breached this duty
- This breach was the cause of the decedent’s harm
- The decedent suffered damages as a result.
How Can a Wrongful Death Lawyer at NST Help My Case?
At NST Law, we have years of experience handling wrongful death claims, and we know what it takes to get you the most favorable outcome possible. Our firm has won over $1.5 billion on our clients’ behalf through settlement negotiations and jury verdicts, including the following recent wrongful death judgments:
- $6,301,713, which was recovered on behalf of a 65-year-old man killed in a multi-vehicle truck accident.
- $1,400,000 for a Tennessee accident on behalf of a woman who lost her husband in the crash and sustained serious injuries herself
- $1,300,000 for a car accident wrongful death settlement on behalf of a deceased fetus.
When you work with NST Law on your wrongful death claim, our legal team can help you recover the damages your family deserves after the death of your loved one. To ensure the best outcome possible, we:
- Evaluate your claim, determine if you have a viable case, and select what legal options you can pursue.
- Investigate the wrongful death accident and secure the evidence required to prove what happened and who was at fault.
- Bring in experts such as doctors and accident reconstructionists to substantiate your claim.
- File legal motions and required documents before time expires.
- Handle all the negotiations with the insurance company and the other defendants to fight for a fair settlement amount for your family.
- Take your case to trial if the other side is unwilling to negotiate fairly to go after maximum damages.
If your family lost a loved one because of the wrongful actions of another party in Memphis, do not wait any longer to get the legal help you need. Contact NST Law today for free case consultation and let our skilled lawyers show you how we can fight for the justice and financial recovery to which you are entitled.