Trusted Wrongful Death Attorneys in Memphis, Tennessee
At The Gold Law Firm, our Memphis personal injury lawyers know that losing a loved one due to someone else’s negligence is an incredibly traumatic experience, leaving Tennessee families devastated and overwhelmed with grief. The sudden loss compounds the emotional toll, making it nearly impossible to think about anything beyond the immediate heartbreak. In addition to the emotional anguish, families often face significant financial strain from unexpected funeral costs, loss of income, and other expenses that were never planned for.
Pursuing justice can feel like an insurmountable burden during such a difficult time, leaving families unsure where to turn or what steps to take.
That’s why our Memphis wrongful death attorneys are here—to support you through this unimaginable time and guide you every step of the way. We understand the emotional and financial toll this tragedy has taken on your family, and our compassionate team is dedicated to helping you seek justice for your loved one.
With our experience and commitment, we will handle the legal complexities so that you can focus on healing and honoring the memory of your loved one, knowing that we are fighting for the justice and compensation your family deserves.
Our Shelby County wrongful death attorneys bring 25 years of dedicated experience, having helped thousands of families navigate the most difficult times with care and compassion. With over 5,000 personal injury claims successfully handled and tens of millions in damages recovered, we are proud to have made a meaningful difference in our clients’ lives.
Our 165+ five-star reviews and countless client testimonials reflect our proven success and the trust and comfort we provide to those we serve. We are here to guide and support you, always focused on achieving the justice your family deserves. Contact us today to learn more.
How Can I Prove the Loss of My Loved One Was a Wrongful Death in Tennessee?
Proving that the loss of your loved one was a wrongful death in Tennessee requires demonstrating that their death resulted from another party’s negligence, recklessness, or intentional wrongdoing.
To build a strong case, here are the key elements you’ll need to establish:
- Duty of Care: You must show that the responsible party had a legal duty to act in a way that would protect your loved one from harm. For instance, a driver is expected to follow traffic laws, and a business owner is required to maintain a safe environment for customers.
- Breach of Duty: Next, you’ll need to prove that the responsible party failed to meet this duty of care. This could involve a distracted driver texting while driving or a property owner ignoring dangerous conditions, like a broken stair or an icy walkway.
- Causation: You must show a direct link between the breach of duty and your loved one’s death. For example, if a driver runs a red light and causes a fatal accident, or if a store fails to fix a known hazard that leads to a deadly fall, their actions (or lack of action) directly cause death.
- Damages: Finally, you need to demonstrate the damages resulting from your loved one’s death. These could include the emotional pain and suffering your family is experiencing, loss of financial support, or funeral and burial expenses.
In Tennessee, wrongful death cases can be legally complex—especially for individuals and families that are overwhelmed by grief. Our experienced Memphis wrongful death attorneys can help gather the necessary evidence and guide you through the legal process, ensuring your family’s rights are protected, and justice is pursued on behalf of your loved one. Contact us today to learn how.
Who is Eligible to File a Wrongful Death Claim in Tennessee?
In Tennessee, specific individuals are eligible to file a wrongful death claim on behalf of a deceased loved one.
The order of priority for who may file is as follows:
- The Surviving Spouse: The first person eligible to file a wrongful death claim is the surviving spouse of the deceased. They have the legal right to pursue justice for the loss of their partner.
- The Children of the Deceased: If there is no surviving spouse, the deceased person’s children, including both biological and legally adopted children, are next in line to file a wrongful death claim.
- The Parents of the Deceased: If the deceased was unmarried and had no children, the deceased person’s parents may be eligible to file the claim.
- The Personal Representative of the Estate: In cases where none of the above parties are available or able to file, the personal representative of the deceased person’s estate can file the wrongful death claim. Any compensation awarded would be distributed according to the deceased’s will or Tennessee’s intestate laws.
- Other Next of Kin: In rare cases, if none of the abovementioned parties exist, other next of kin may be eligible to file a wrongful death claim.
It’s important to note that there are strict time limits, known as the statute of limitations, for filing a wrongful death claim in Tennessee. Typically, you have one year from the date of death to file the lawsuit, so it’s crucial to consult with our qualified wrongful death attorneys in Memphis as soon as possible to protect your legal rights.
What Type of Compensation Can Eligible Family Members Pursue During a Wrongful Death Claim in Tennessee?
Eligible family members pursuing a wrongful death claim in Tennessee can seek various types of compensation to address both the financial and emotional losses they have suffered as a result of their loved one’s death.
The types of compensation that may be available include:
Economic Damages
- Medical Expenses: Reimbursement for any medical bills incurred before the death, such as emergency care or hospital stays.
- Funeral and Burial Costs: Compensation for funeral, burial, or cremation expenses.
- Loss of Financial Support: The income the deceased would have provided to the family, including lost future earnings and benefits like retirement or pension contributions.
- Loss of Household Services: The value of services the deceased provided, such as childcare, home maintenance, or other daily contributions to the household.
Non-Economic Damages
- Loss of Consortium: Compensation for the loss of companionship, love, and emotional support the deceased provided to their spouse.
- Loss of Parental Guidance: For children, this includes compensation for the loss of guidance, care, and nurturing that a parent would have provided.
- Emotional Pain and Suffering: Compensation for the emotional anguish, grief, and mental suffering experienced by surviving family members.
- Punitive Damages: In some cases, punitive damages may be awarded if the defendant’s actions were particularly reckless or intentional. These damages are meant to punish the at-fault party and deter similar behavior in the future.
Each wrongful death case is unique, and the compensation sought depends on the case’s specific circumstances. Our skilled wrongful death attorneys in Memphis can help determine the types and amounts of compensation your family may be eligible for, ensuring your rights are protected and justice is pursued on behalf of your loved one. Contact us today to discuss your case during a free consultation.
What are the Most Common Causes of Wrongful Death Claims in Tennessee?
In Tennessee, wrongful death claims can arise from various situations where someone’s negligence, recklessness, or intentional misconduct leads to a fatality.
Some of the most common causes of wrongful death claims include:
- Car Accidents: Negligent driving behaviors, such as speeding, distracted driving, or driving under the influence of drugs or alcohol, are significant causes of fatal accidents in Tennessee.
- Truck Accidents: Due to the size and weight of commercial trucks, accidents involving these vehicles often result in catastrophic injuries or death, mainly caused by driver fatigue, improper maintenance, or reckless driving.
- Motorcycle Accidents: Motorcyclists are especially vulnerable to fatal injuries, often caused by drivers who fail to see them, follow too closely, or make sudden, unsafe lane changes.
- ATV Accidents: All-terrain vehicles (ATVs) can be dangerous due to their high speeds and lack of protection. Fatal accidents often result from operator error, unsafe terrain, or vehicle malfunction. In some cases, negligent supervision or improper vehicle maintenance can lead to a wrongful death claim.
- Bicycle and E-Bike Accidents: Cyclists and e-bike riders are particularly vulnerable to larger vehicles. Fatalities can occur due to drivers failing to yield, distracted driving, or unsafe road conditions. These cases often lead to wrongful death claims when negligence is involved.
- Pedestrian Accidents: Pedestrians have no protection when struck by a vehicle, making these accidents especially deadly. Wrongful death claims may arise from drivers who are speeding, distracted, or fail to obey traffic signals, putting pedestrians at serious risk.
- Boat Accidents: Negligence on the water, such as operating a boat under the influence, improper maintenance, or reckless driving, can result in fatal boating accidents. Wrongful death claims are often filed in cases of drownings, collisions, or incidents involving unsafe conditions on the water.
- Rideshare Accidents: Accidents involving rideshare vehicles like Uber or Lyft can lead to fatalities when drivers are negligent or fatigued. Whether the driver or another party is at fault, wrongful death claims may be pursued when loved ones are lost in rideshare-related incidents.
If you’ve lost a loved one due to someone else’s negligence, our compassionate and experienced Memphis wrongful death attorneys are here to help. We understand the overwhelming grief and financial strain your family is facing and are dedicated to pursuing justice on your behalf. With decades of experience and a proven track record of success, we will work tirelessly to hold the responsible parties accountable and secure the compensation your family deserves during this difficult time.
Contact Our Trusted Wrongful Death Attorneys in Memphis, Tennessee Today
When you lose a loved one due to someone else’s negligence, the emotional toll can make it challenging to navigate the complex legal process of pursuing a wrongful death claim. Proving liability is a critical aspect of any wrongful death case, and it requires gathering substantial evidence, expert testimony, and thorough investigation to demonstrate how another party’s actions directly caused the fatality.
Our skilled Memphis wrongful death attorneys can help you build a strong case by collecting necessary evidence, interviewing witnesses, and working with experts who can clearly establish the cause of death and the responsible party’s negligence.
Proving liability and dealing with insurance companies adds another layer of complexity. Insurance providers often prioritize minimizing payouts and protecting their bottom line over fairly compensating grieving families.
They typically employ tactics to delay, dispute, or deny your claim. Our Shelby County wrongful death attorneys have the experience and knowledge to negotiate with these companies, ensuring they do not take advantage of your situation.
Having our attorneys by your side ensures that your family is treated fairly and that you receive the compensation needed to cover medical expenses, lost income, funeral costs, and emotional suffering without facing the burden of an unfair settlement.
We strive to make the process as convenient and stress-free as possible. We offer the flexibility to work with you remotely, allowing you to make informed decisions from the comfort of your home, workplace, or wherever you feel most at ease. With all paperwork securely reviewed online, we ensure a safe, seamless, and confidential process throughout your case.
We also know that your family deserves timely closure and the compensation needed to move forward. Our firm works diligently to resolve personal injury claims quickly so you can receive the financial support you need without unnecessary delays. We aim to provide you relief and peace of mind from knowing your case is in compassionate and capable hands, helping you find hope for a swift resolution during this difficult time.
Call (901) 244-5003 or contact us online for your FREE consultation. We can start on your case with no upfront fee or out-of-pocket expense. If there is no recovery, there is no attorney fee.