What Damages Can You Recover for a Wrongful Death? | Memphis Personal Injury Attorney

A wrongful death attorney can’t bring your loved one back, but he or she can help you achieve a sense of justice

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Video Transcript:

What damages can you recover for a wrongful death?

Hi I’m Darrell Castle and I’m an attorney licensed to practice law in the state of Tennessee and I will answer that question for you, but first I want to tell you what type of damages you CANNOT recover for wrongful death.

You cannot bring back your loved on. Unfortunately, I cannot do that for you and money is a very poor substitute for the loss of someone you love. But it is someway of achieving justice for you and the lost person. And money is a good way of providing the income that person could have provided for you.

Now, lets answer your question about damages that can be received.

It depends on the original death. There are damages for the person in the appoint of death. In other words, how much pain and suffering did that person endure? Was it instantaneous? Or can doctors say “no, this person really did feel a lot of pain and suffering.” The worse it is, the higher the damages.

Now, #2 – you can receive damages for the person’s lost income. The income that you – the survivor – would’ve achieved if that person had lived.

Let’s say that person was 30 years old and had a good job so he was going to work an estimated 30 more years before retirement. That is an element of damages. All that money could possibly come your way.

Now, #3 – you might be able to receive an award for loss of consortium. In other words, if this person was husband or wife, you’re entitled to receive your own separate damage award for the loss of the pleasures of life – this person’s companionship.

So those are 3 ways you could be compensated.

Wrongful death – first of all – is simply an action brought in civil court for the death of someone by that person’s survivors. Who can bring such an action?

1. The spouse.
2. The children.
3. The parents.

In that line of succession, those are the people who can bring such an action.

So, be careful out there, folks.