Wrongful Death

Memphis Wrongful Death Lawyer

Have you lost a loved one due to someone else’s negligence, misconduct or criminal activity?

Losing a loved one after a terrible accident that could have been preventable is an unthinkable tragedy. If you and your family are suffering from this kind of terrible grief, it’s possible to receive not only criminal justice but civil justice through compensation for your loss. They can help you file a wrongful death claim against the negligent person who is liable for their death. While nothing can make up for the loss of your loved one, you may be able to recover compensation to cover the cost of damages. 

We know that in these situations you don’t need more paperwork, hassle and pain. Going through the inconvenience of a legal battle is probably not the first thing that is on your mind. However, during this difficult and painful time it is possible to have the support you need to get through this. You need a compassionate attorney who you can trust to fight for you and for the justice you and your loved one deserve. If you would like to learn about your legal options to obtain justice for your loved one, schedule a risk-free, confidential case evaluation with a qualified wrongful death lawyer today. 

Filing a Wrongful Death Claim

To file a wrongful death claim, there are several things that you need to know. First make sure that you are an eligible family member who can file a claim. Wrongful death lawsuits are limited to certain immediate family members. Eligibility differs from state to state. In the U.S. all parents have grounds to file a wrongful death claim, but only some states allow children of the deceased and parents of adult children to file a claim. A representative of the deceased’s estate can also file. If you are not sure whether you can file a claim, talk to a lawyer for more information. 

You will want to obtain documents to bring to a wrongful death lawyer during your consultation. The lawyer will need to prove that the defendant owed a level of care to the deceased, and breached their duty of care. They have to prove that the defendant’s actions or inaction directly caused the deceased death. 

Scenarios That Result in a Wrongful Death

A wrongful death can occur because of an intentional or deliberate act, an accident, negligence or misconduct:

• Murder. Family members of a victim can file a civil suit against a defendant. 
• Medical malpractice. Medical professionals can be sued if their patient passes away because of an error or failure to provide an acceptable level of care. 
• Vehicle accidents. Negligent drivers can be sued if their recklessness or carelessness results in the death of a victim. 
• Workplace accidents. If an employee dies at work, a lawsuit can be filed against an employer if they did not ensure safe conditions. 

Damages in a Wrongful Death Lawsuit

The damages or losses you can recover in a wrongful death claim include:

• Medical expenses
• Burial or funeral expenses
• Loss of income
• Loss of past earnings
• Loss of consortium
• Loss of inheritance
• Loss of parental guidance (for minors)
• Loss of spousal companionship
• Pain and suffering

Recovering your rightful and deserved compensation can help ease the pain of losing your loved one. A wrongful death lawyer will determine the exact list and amount of damages that you may be entitled to. They will work to make sure you and your family can recover the highest compensation amount and that no damages will be missed. When reviewing your settlement offer, a lawyer will make sure it covers the cost of all of your damages.

Contact our Memphis wrongful death lawyers today, either by filling out the contact form to the right of the page, or by calling us at (901) 327-1212. One of our lawyers will be glad to discuss your case at no cost to you.

Frequently Asked Questions | Wrongful Death

At Darrell Castle & Associates our qualified Memphis wrongful death lawyer is well prepared to assist you and your family after suffering a tragic and unexpected loss. We are here to answer your questions, provide you with support & guidance, and help you make well-informed decisions about the next steps to take during the most challenging of times.

What is wrongful death, and who can be held responsible for it?

Wrongful death is a legal term that refers to a situation in which a person dies as a result of the negligent or intentional actions of another person or entity. The responsible party can be an individual, a company, a government agency, or any other legal entity that contributed to the victim’s death. Depending on the specific circumstances of the case, potential defendants may include drivers, doctors, manufacturers, property owners, or even government officials.

What types of damages can be recovered in a wrongful death lawsuit?

Damages that may be recovered in a wrongful death lawsuit typically fall into two categories: economic and non-economic. Economic damages include compensation for things like medical expenses, funeral costs, lost wages, and the financial support the deceased would have provided to their dependents. Non-economic damages include compensation for intangible losses such as emotional distress, pain and suffering, and loss of companionship. For specific information about the damages you may be entitled to, speak with our qualified Memphis wrongful death lawyer. After our initial meeting we will be able to form a more concise outline of damages you may be entitled to pursue.

Who can file a wrongful death lawsuit, and what is the statute of limitations?

The specific rules for who can file a wrongful death lawsuit and the statute of limitations vary from state to state. In general, however, the deceased person’s immediate family members, such as their spouse, children, or parents, are the most likely parties to bring a lawsuit. In some cases, a personal representative of the deceased’s estate may also have the right to file a lawsuit. The statute of limitations, which is the time limit for filing a lawsuit, can range from one to several years depending on the state and the circumstances of the case. Speak with a qualified lawyer that specializes in wrongful death for specific information about the statute of limitations as it pertains to your case.

What is the process for pursuing a wrongful death lawsuit, and how long does it take?

The process for pursuing a wrongful death lawsuit typically involves gathering evidence, filing a complaint with the court, conducting discovery, negotiating a settlement, and, if necessary, going to trial. The length of time it takes to resolve a case can vary widely depending on many factors, such as the complexity of the case, the number of parties involved, and the willingness of the parties to reach a settlement. Some cases can be resolved within a few months, while others can take several years to complete.

How can a lawyer help in a wrongful death case?

A lawyer experienced in wrongful death cases can provide valuable guidance and support to families who have lost a loved one due to another party’s negligence or misconduct. A lawyer can help investigate the case, gather evidence, identify potential defendants, negotiate with insurance companies, and advocate for the family’s interests in court. In addition, a lawyer can help families navigate the legal system and ensure that their rights are protected throughout the entire process.

Contact Darrell Castle & Associates today to speak with our qualified Memphis wrongful death lawyer. We are well prepared to discuss your unique situation for free, no strings attached.