If you have lost a loved one due to the negligence of someone else, you could qualify to file a wrongful death lawsuit in Memphis.

You might be surprised to learn that even if a party has not been criminally charged in your loved one’s death, you may still be able to file a civil legal action. The government is responsible for charging a person or business with a crime, including manslaughter, that could result in a prison sentence for the offender. Wrongful death is a completely different concept designed to provide compensation from the party who is responsible for the person’s death to the family members who have lost their loved one.

Even in the event of criminal homicide, the family of the victim may want to bring a wrongful death claim against the alleged perpetrator to obtain financial compensation. In these circumstances, the civil wrongful death determination has a lower standard of proof compared to the criminal charge that would lead to imprisonment or capital punishment, which can only stick if a jury finds there is guilt beyond a reasonable doubt.

What Qualifies for a Wrongful Death Lawsuit in Memphis?

A variety of circumstances can qualify as wrongful death situations. Any time a person dies because of the negligence of another person or entity, a wrongful determination may be made.

Among the most common reasons to file a wrongful death lawsuit are:

Vehicle accidents: According to the Tennessee Department of Safety & Homeland Security, Tennessee reported 1,050 fatal traffic accidents in 2018. Vehicle accidents are often traced to drivers who are distracted, fatigued, drunk or drug-impaired, or speeding. Such recklessness may result in the death of an innocent person(s) on the road at the same time.

Work accidents: Whether an employee is 25 floors up washing the outside windows on a high-rise or sitting at a desk in a cubicle, they all have the right to work in a safe environment. Following Occupational Safety and Health Administration (OSHA) regulations, checking equipment, properly training employees and accounting for weather or other changing influences may determine the outcome of an employee’s workday. Safety violations may occur when an employer places the end goal ahead of worker safety considerations.

Medical malpractice: Doctors and hospital employees make hundreds of decisions each day that affect the health and livelihood of patients seeking to regain their health. Failing to recognize worsening symptoms, prescribing the wrong medications, misdiagnosing diseases or failing to provide proper and safe delivery of a baby are among the serious mistakes that can change the course of patient’s life forever.

Slip and fall: Uneven surfaces, wet floors, potholes, loose rugs, and icy roads or sidewalks are among the common causes of slip and fall accidents. OSHA says 15 percent of all accidental deaths in the U.S. are caused by slip and fall accidents. The only other accident linked to more fatalities is motor vehicle accidents.

If your loved one was killed in any type of accident that was caused by the negligence of another party, don’t wait to see if criminal charges are filed against the alleged perpetrator. As soon as you’re able, it’s in your best interest to contact a trusted Tennessee attorney who can help you file a successful wrongful death lawsuit in Memphis.

This article is not legal advice. It is presented
for informational purposes only.