MemphisWrongful Death Lawyer

Have you lost a loved one due to someone else’s negligence? Contact the experienced Memphis wrongful death attorneys at Mama Justice to learn about your legal options.

If your loved one lost their life due to the careless, reckless, or negligent actions of another, you may be able to file a wrongful death lawsuit. This civil action seeks compensation for the victim’s family. It often includes damages for lost financial support, funeral expenses, and compensation for the pain and suffering experienced due to the victim’s death.

Our Memphis wrongful death lawyers at Mama Justice can help you through this emotionally challenging time. Our job is to handle every step of your case so you can focus on living your life.

What is a Wrongful Death in Memphis?

A wrongful death occurs when an individual dies due to another person or entity’s negligence or wrongful act. When this happens, the loved ones of the deceased may be able to file a lawsuit against the responsible party. A wrongful death lawsuit can help surviving relatives recover damages such as funeral and burial costs, mental anguish, lost wages and benefits, as well as loss of companionship.

Wrongful death claims include all kinds of fatal accidents, and they can happen on the road, on the job, or at a business. Vehicle accidents and workplace accidents are examples of wrongful death claims.

This type of claim, while difficult for all involved, can achieve justice for the bereaved. To file wrongful death claims, you need to seek the legal help of a qualified wrongful death lawyer.

Who Can File a Wrongful Death Claim in Memphis?

When someone dies due to another person’s actions, the victim’s loved ones may recover compensation for their loss. Even if the victim’s family does not have grounds to file a wrongful death lawsuit, they may still have a claim for damages stemming from the initial incident. In the instance of wrongful death, the main people entitled to sue are known as the representatives, and they must file a lawsuit on behalf of the survivors who have suffered because of the death. These survivors include immediate family members, like spouses, children, and relatives.

Claims against government entities follow special rules. Tennessee law allows some negligence claims against local governments, but with damage limits and strict notice and filing requirements, so talk to a lawyer quickly if a government vehicle, building, or employee may have been involved.

Who Is Allowed to Bring a Wrongful Death Lawsuit in Tennessee?

Tennessee law gives the right to sue first to the surviving spouse, and if there is no spouse, to the children, and then to other next of kin. The case can also be brought by the personal representative of the estate for the benefit of those family members (Tenn. Code § 20-5-106). Who has the right to file, and who shares in a recovery, depends on your family situation, so ask us before you sign anything or accept an insurance offer.

Who Can Be Sued in a Wrongful Death Claim?

Regardless of whether the cause is negligence, or something else, anyone who has caused or played a part in another person’s death can be sued for damages. A family member of a deceased person can sue for wrongful death in almost any case to help them cope with their suffering loss.

Almost anyone can be sued for wrongful death, but there are exceptions. In Memphis, people who work for governments or government contractors, public entities such as governmental agencies, city and county governments, and public school districts have immunity from lawsuits. They are not liable for wrongful death. If a person is injured or killed due to the negligence of a government entity, then the victim’s family may not be able to file a lawsuit or collect damages.

Nearly anyone whose negligence or wrongful act contributed to a death can be held responsible, including drivers, employers, property owners, and companies. Claims involving government entities or certain contractors have special rules, covered below.

Can I File a Wrongful Death Claim Against a Government Entity in Tennessee?

Sometimes. Under the Tennessee Governmental Tort Liability Act, local governments such as cities and counties have waived immunity for certain negligence claims, for example some injuries caused by employees or by dangerous public property (Tenn. Code § 29-20-205). Recovery against a local government is limited by statutory caps (Tenn. Code § 29-20-403), and these claims have their own procedures. Claims against the State of Tennessee or federal agencies use different systems altogether. Because the deadlines are strict, do not wait to get advice.

What is the Time Limit for Filing a Wrongful Death Claim?

The statute of limitations is the legal time limit in which you are permitted to bring about a legal claim. The amount of time varies depending on the type of claim and the state or country where the claim is being filed in. These statutes ensure that people and companies have reasonable amounts of time to deal with their problems before they’re taken to court. There are different statutes of limitations in each state, each one governing a different type of claim. It’s important to check your state’s statute of limitations for your wrongful death claim, as well as any deadlines that may be associated with it because after they pass, it will not be possible to file a claim at all.

In Tennessee, surviving family members have one year to file the claim after their loved one has passed away. Having an experienced attorney can help ensure that the time limit is met so that those responsible for the deceased receive their just compensation.

Exceptions to the Legal Time Limit for Filing a Claim in Memphis

There are, however, a few exceptions that may justify an extension of the statute of limitations in Memphis.

These exceptions include:

• Discovery rule: When a victim passes away as the result of an injury or illness, the statute of limitations does not begin until the family discovers that someone was at fault for their loved one’s death. If a victim is killed due to negligence that was discovered after the statute of limitations had run out, family members may still sue.
• Age limit: In Memphis, after turning 18, a child may file a wrongful death suit against the responsible party. If the original statute of limitations has expired, the minor may still be able to file a case under this particular statute. The statute of limitations has been extended in Memphis for minors to file lawsuits against negligent parties when they become adults.

What Damages Can Be Recovered in a Memphis Wrongful Death Case?

For families that have lost loved ones, no amount of money can make up for their passing, but it can help them feel more secure in their futures. Awarding damages to a victim’s family helps them recover financially after an unexpected death that was caused by another person’s negligence.

The types of damages that can be filed in the case of wrongful death of a loved one include:

• Lost Wages: Lost earnings are one of the most common categories of potential financial compensation available in a wrongful death lawsuit. Lost wages refer to lost income and the wages a decedent would have earned until they reach retirement age. The amount of lost compensation will depend on the decedent’s age and how far along they were in their career path. The amount recoverable depends on the deceased’s age at the time of death and income.
• Lost Inheritance: If a family is left out of an inheritance because the breadwinner was killed before leaving a will, their relatives can pursue legal action against their estate to receive compensation for what they would have inherited. Lost inheritance is the value of inheritance that would have passed onto surviving family members had the deceased person not died. This benefit may include savings accounts, property, and other investments, as well as stocks and bonds. The court will estimate what the deceased likely would have passed on had they not passed away prematurely.
• Medical Expenses: If the decedent received emergency medical care or incurred other healthcare expenses due to an accident or injury caused by someone else before their death, the wrongful death claim may include compensation for their bills since these expenses are often large, and because the beneficiary must pay them out of their own pockets, it is important to have a wrongful death lawyer on your side to make sure you receive as much compensation as possible.
• Pain and Suffering: When a death is unexpected, it can be painful for loved ones to contend with both their feelings of grief and the trauma of the circumstances surrounding the death. A wrongful death lawsuit can reimburse you for your emotional distress, pain and suffering, and loss of economic support. This can include emotional and mental damage, as well as financial loss stemming from the accident. However, the court will not allow you to claim compensation for purely emotional trauma, so you need to be able to prove that your psychological issues are linked to physical injuries.
• Loss of Consortium: When a person dies, a family is left with a hole that can’t be filled, and sometimes, they need help getting through the difficult process of recovery. If a spouse has been killed, the other spouse may be able to use the loss of consortium laws to claim financial compensation for the emotional trauma caused by the death.
• Funeral and Burial Expenses: Funeral costs add up quickly. According to funeral advocacy groups, the average cost of a funeral in Memphis is $7,181, but it can be much higher because of the cost of caskets and other costs. Burial expenses can bankrupt grieving families. Families who have just lost a loved one can seek compensation to recover money spent on their dead relative’s funeral.

What Can Wrongful Death Damages Include, and Are There Caps in Tennessee?

Damages in a Tennessee wrongful death case can include medical and funeral expenses, the pain and suffering your loved one went through before passing, the loss of the income and support they would have provided, and the loss of companionship the family has suffered. Tennessee law limits certain non-economic damages in many injury cases (Tenn. Code § 29-39-102), and the limit can be different when the facts are especially serious. We will explain how the caps may apply to your family.

Every case is different. Past results and general information on this page do not guarantee any outcome in your case.

How Do I File a Wrongful Death Claim in Memphis?

No one wants to face the death of a loved one, let alone have to deal with the legal aftermath. But if your loved one died because of someone else’s negligence or misconduct, you may be able to file a wrongful death claim in Memphis. While nothing can bring back your loved one, filing a claim can help ease the financial burden that comes with their death and ensure that justice is served. Don’t try to navigate this complex process alone. Our experienced attorneys can help you win your wrongful death lawsuits and get justice and compensation for your family member’s death.

If you’re in Memphis and dealing with a wrongful death claim, here are some steps you can take:

• Decide if You Have a Case: To file a wrongful death lawsuit, you must be able to prove that your loved one’s death was caused by someone else’s negligence. You need to make sure that you have enough evidence to prove your case in court. This means gathering any police reports, eyewitness testimony, or other documentation that can back up your claims. Without evidence, it will be very difficult to win your case.
• Gather Evidence: To build a strong case, you will need to gather evidence such as medical records, police reports, and witness statements. This can be an emotional and difficult process, but working with an experienced attorney can help make it easier.
• Consult with an Attorney: It is recommended that you consult our experienced Memphis wrongful death attorneys before taking any further steps, as they will be able to advise you on the best course of action moving forward.
• File a Complaint: File a complaint with the appropriate court. Next, serve the defendant (the at-fault party) with the complaint and any other required documents needed to ensure that the at-fault party is convicted for their wrongful death action. Once the defendant has been served, they will have an opportunity to respond to your complaint. After the response is filed, both sides will engage in discovery, which is the process of gathering information about each other’s cases. Finally, after discovery is completed, trial preparations begin and a trial date is set.

At Mama Justice, we have a team of experienced Memphis wrongful death lawyers to help you get justice and ensure that the at-fault party is held liable for your tragic loss.

How can a Memphis Wrongful Death Lawyer Help With Your Wrongful Death Lawsuit?

The death of a loved one is an emotional and difficult time. If the death was caused by another person’s negligence, you may be considering a wrongful death claim. While no amount of money can replace your loved one, filing a wrongful death claim can help ease the financial burden that comes with an unexpected death. A wrongful death claim can help you get closure and justice for the death of a loved one.

If the negligent party is found to be at fault, they may be required to pay damages including funeral and burial expenses, lost wages and benefits, pain and suffering, and more. If you have lost a loved one, contact an experienced wrongful death lawyer at Mama Justice to discuss your legal options.

What Should My Family Do After a Loved One’s Death in Memphis?

There is no right way to grieve, and we never want you to feel rushed. A few steps can protect your family’s rights while you take the time you need:

• Keep records. Save the police or incident report, medical records, bills, and funeral receipts.
• Be careful with insurers. Do not give a recorded statement or sign a release before talking to a lawyer.
• Preserve evidence. Photos, videos, messages, and the names of witnesses can disappear quickly.
• Mind the one-year deadline. Missing it can end your family’s right to sue (Tenn. Code § 28-3-104).
• Call us. The consultation is free and our line is open 24/7.

Can I Still File If My Loved One Was Partly at Fault?

Possibly. Tennessee uses a modified comparative fault rule. In general, if the person who died is found less than 50 percent at fault, the family may still recover, but the amount is reduced by their share of fault. If they are found 50 percent or more at fault, recovery is generally barred. Insurers often try to blame the person who cannot speak for themselves, so having a lawyer review the evidence early matters.

Do I Need a Criminal Case to File a Wrongful Death Claim?

No. A wrongful death lawsuit is a civil case, separate from any criminal case. Your family can pursue a civil claim even if no one is charged, or if charges are dropped or end in an acquittal. The standard of proof in a civil case is different from a criminal case.

How Much Is a Wrongful Death Case Worth in Memphis?

We cannot put a number on a life, and we will not promise a result. What the law looks at includes your loved one’s age, health, earning ability, and family responsibilities; the costs of medical care and the funeral; the loss to the family; and how clearly someone else is at fault. Insurance limits and any statutory caps also play a role.

Every case is different. Past results and general information on this page do not guarantee any outcome in your case.