Memphis Wrongful Death Lawyer
To a loved one after a terrible, preventable accident is an unthinkable tragedy. If you and your family are suffering from this kind of terrible grief, it’s often possible to receive compensation for your loss. Our Memphis wrongful death lawyers can help.
Through wrongful death, you file a claim against the negligent person or people liable for your loved one’s death. While nothing can make up for your loss, it can help you rebuild financially and make sure justice is served.
Filing a Wrongful Death Claim
After a wrongful death, a legal battle is probably not the first thing on your mind. You don’t need more paperwork, hassle, and pain. You need a compassionate attorney who you can trust to fight for you and get you justice.
That’s what our trusted Memphis team does every day, and it’s our honor to help families through difficult times with respect and care.
The process is actually extremely simple. First, you’ll want to set up a free consultation with us. At that initial meeting, we’ll discuss some key details details of your case. We’ll look at your eligibility to file a claim, the circumstances around your loved one’s death, and who was liable for what happened.
In the state of Tennessee, the closest living relative needs to file a wrongful death claim. This could be a parent, child, or spouse, or it could be a representative of the person’s estate. We can help you figure out if you qualify and how to build the strongest case possible.
Then it’s our job to prove your claim. We investigate your case, examine medical evidence, interview relevant people, line up expert witnesses, and represent you in settlements and in court if necessary. And we communicate with you every step of the way, so you understand every decision and can be an active part of how your case progresses.
Our attorneys don’t receive any pay unless and until we win your case. We fund the entire investigation without you having to give anything upfront.
Damages in a Wrongful Death Lawsuit
As part of your wrongful death claim, we’ll pursue damages on your behalf. Because what you’ve been through is so devastating, there’s often a lot you can ask for in this type of case.
Damages in a wrongful death claim might include:
- Medical expenses
- Loss of income
- Burial or funeral expenses
- Pain and suffering
- Loss of parental guidance (for minors)
- Punitive damages
- Loss of spousal companionship
- and more
With your input, our wrongful death lawyers can determine the exact list and amount of damages you may be entitled to. We’ll work to get you the highest settlement possible, all while treating your family with our award-winning client care.
What Sets Our Memphis Wrongful Death Lawyers Apart
For over 30 years, our Memphis wrongful death team has served the people of Memphis with compassion, dedication, and results. We fight for you with everything we’ve got, and we offer free resources and support every step of the way.
Unlike the biggest firms, we’re small enough to give your case the time and attention it deserves. And at the same time, we’re big enough to face some of the largest corporations and institutions in the world, and win.
That’s how we’ve won multiple Martindale-Hubbell awards for client satisfaction. And it’s how we’ve received our five-star rating on Avvo and an A+ from the Better Business Bureau.
To get started with a free conversation, contact our Memphis wrongful death lawyers online today or call us at (901) 327-1212.
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Frequently Asked Questions | Wrongful Death
Wrongful death cases are emotionally challenging and legally complex. It’s no surprise if you have a lot of questions.
Our team is available to answer those questions at any time. You can always contact us with your concerns. In addition, here are the top frequently asked questions we receive about wrongful death cases to provide some insight.
What is a wrongful death case?
A wrongful death case is a legal claim brought by the surviving family members or beneficiaries of a person who has died as a result of someone else’s negligence or intentional actions. These cases aim to get financial support for the surviving family members or beneficiaries who suffered losses as a result of the wrongful death.
What are the common causes of wrongful death cases?
Wrongful death cases can stem from various circumstances. In general, any accident or wrongdoing by another person that led to your loved one’s death might qualify.
Some of the most common causes include car accidents, medical malpractice, workplace accidents, defective products, and acts of violence or criminal behavior.
Who can file a wrongful death lawsuit?
Typically, immediate family members can file a wrongful death lawsuit. This includes spouses, children, and parents. In some cases, other dependents and financial beneficiaries may also have standing to bring a claim. If you have any questions about who might qualify to file a claim, we can always help with a free conversation.
What damages can be sought in a wrongful death case?
Damages in wrongful death cases can include medical expenses, funeral and burial costs, lost income, loss of companionship, and in some instances, punitive damages to punish the at-fault party.
What is the statute of limitations for filing a wrongful death case?
The statute of limitations varies by state, so you’ll always want to consult an attorney to make sure you fall within the deadline. In the state of Tennessee, the statute of limitations is one year from your loved one’s death.
However, certain complications may make it hard to understand exactly when the statute of limitations begins or runs out. For the best chance of success, contact us as soon as possible to get started.
What needs to be proven in a wrongful death case?
To succeed in a wrongful death case, you generally need to prove that the defendant’s negligence or wrongful actions directly caused the death. This involves establishing a duty of care, breach of that duty, causation, and damages.
We use a variety of tools to prove wrongful death, including witness testimony, depositions, police reports, medical records, expert witnesses, and more.
Can a criminal case and a wrongful death case run at the same time?
Yes, a criminal case and a wrongful death case can proceed simultaneously. While a criminal case seeks to hold the responsible party criminally liable, a wrongful death case focuses on getting compensation for the surviving family members.
In some circumstances, it can be easier to win a wrongful death case than a criminal case. The standard of proof is a little lower in civil court. This means it’s possible to win a case or get a settlement from someone even if they were found not guilty in a criminal court.
How long does a wrongful death case typically take to resolve?
Wrongful death case timelines can vary widely. It depends on details like:
- where the injury took place
- how complex the case might get
- whether there’s enough open slots at the courts for scheduling, and
- whether you decide to accept a settlement or pursue a trial.
As a result, some cases may be resolved within months, while others can take several years.
Do I need an attorney for a wrongful death case?
Yes, you need an attorney, for a number of reasons.
These cases involve intricate legal processes and often require extensive investigations, negotiations, and courtroom representation. It would be difficult for an inexperienced attorney to navigate, let alone someone trying to represent themselves.
In addition, our attorneys represent people every day who have been through the worst losses imaginable. In those situations, you need to focus on your family’s needs and recovery.
But perhaps most important, we fund the entire investigation from the beginning and don’t receive any payment unless we win your case. It’s very difficult, if not impossible, for most families to afford that sort of investigation on their own.
Will I settle my case or go to court?
Many wrongful death cases are resolved through settlements, which can save time and emotional strain for the surviving family members. However, if together we choose not to accept what the other side offers, the case may proceed to trial.
You will always have control over whether or not to accept a settlement, although our attorneys will guide you as part of our job to help you get the best outcome possible.
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