Memphis Wrongful Death Lawyer

Dealing with the painful realization that your loved one has passed can be traumatic in and of itself. When the death was the result of someone else’s negligence, you have a right to recover damages. Speak with a capable Memphis wrongful death attorney for more information.

If your family member who has passed away was the primary breadwinner for your household, his or her death can not only have devastating emotional effects, but financial ones, as well. Filing and winning a wrongful death claim may be the best option for your family to continue to survive without the income of your relative.

Your Memphis wrongful death lawyer at Gray Law Group will do whatever it takes to make this difficult time a little easier on you and your family. Those responsible for the death of your loved one should be held accountable for their actions. We’ll see to it that they are.

Defining ‘Wrongful Death’ in Tennessee

A wrongful death is one caused by injuries inflicted by another party, whether they are accidental or intentional. We handle wrongful death claims in Tennessee as a form of a personal injury claim—the damages we seek are largely what the deceased person would have been able to obtain had he or she lived.

Additionally, we are able to move forward with a Memphis wrongful death claim even if a criminal trial is currently in the works or was previously unsuccessful.

In fact, the critical difference is that, in a criminal case, where the defendant is often facing possible imprisonment, the prosecutor needs to prove guilt beyond a reasonable doubt; whereas in a civil suit, we need only to prove the defendant’s negligence with the majority of the evidence to be successful.

It is critical that we work quickly once we decide to file a wrongful death claim because we will only have one year from the date of your family member’s passing to do so before the courts will refuse to hear your case. Don’t let your family members miss the opportunity to obtain the compensation they deserve from the liable party.

Who Is Able to File a Memphis Wrongful Death Claim?

Both the family members of the deceased and the representative of the estate have the right to file a claim for wrongful death benefits, despite the fact that Tennessee will only allow one party to pursue a wrongful death claim at once.

There is even a specific order that determines which family member or representative is able to file the claim. Initially, the spouse of the decedent will be able to pursue the claim, followed by the deceased person’s next of kin or children, the chosen representative of the estate, the decedent’s parents, and, finally, the executor of the person’s estate.

Siblings, cousins, and other family members aren’t likely to be able to bring forward a wrongful death claim in Memphis unless the individual in pursuit of the claim is also the executor or representative of the estate.

Wrongful Death Compensation

While compensation in a wrongful death claim used to be limited to just the damages the decedent would have recovered if he or she had continued living and filed a personal injury claim, the door has recently been opened for family members to obtain damages they’ve suffered, as well. Some of the more common losses you can expect to be compensated for include the following:

  • Lost wages
  • Remaining medical expenses
    • Hospital bills
    • Copays
    • Transportation costs
    • Medical equipment
    • Adjustments to your home to accommodate medical equipment
    • Costs of prescription medications
  • Funeral and burial costs
  • Loss of future earning potential, including retirement funds, bonuses, and promotions
  • Emotional distress
  • Loss of companionship and love
  • Loss of enjoyment of life
  • Pain and suffering

You may also be awarded punitive damages if the judge determines that the behavior and decisions of the defendant were egregious or malicious in some way. Punitive damages are often much greater than the total value of the claim and are meant as a punishment for the wrongdoer and to make an example of the defendant so other individuals will not repeat the same negligent behavior.

Your wrongful death lawyer in Memphis can help you determine the true value of your claim and pursue every single cent you deserve.

Contact a Memphis Wrongful Death Attorney

If you need someone who can help you advocate for your family and the honor of your deceased loved one, reach out to a qualified Memphis wrongful death lawyer with Gray Law Group today. Schedule your no-cost consultation by calling us at 901-440-4444 or filling out the contact form we have provided at the bottom of this page.