A personal injury lawyer in Memphis is a person who can help guide you through the process of recovering compensation when a loved one has been killed because of another person’s negligent behavior.

Unfortunately, wrongful death lawsuits are common throughout Tennessee when someone is killed as a result of a pedestrian, slip and fall, bicycle, motorcycle, truck or car accident. Understanding your rights with filing wrongful death lawsuits in Tennessee is important.

What Is Wrongful Death?

Under Tennessee law, a wrongful death is a death that results from injuries caused by another person or by an omission, killing, or wrongful act of another person.

Wrongful death claimsare treated separately from other personal injury cases. This is because the deceased individual cannot bring his or her own claim to court; rather the right to file a wrongful death claim is passed on to certain family members or to the representative serving with the deceased person’s estate.

Are Wrongful Death Lawsuits Different from Criminal Charges?

Tennessee enables a wrongful death claim to be brought in court even if a homicide criminal charge will be filed or has already been filed in connection with the death. Criminal charges for murder or related allegations are different from the civil wrongful death claim that a survivor may have.

A wrongful death lawyer is an attorney who assists with the filing of the legal paperwork and moving the case through the courts. This person can be an important component of the ability to recover compensation on behalf of surviving family members.

How Does Wrongful Death Occur?

There are many different situations that can lead to a wrongful death, including:

• Car Accidents
• Motorcycle Accidents
• Commercial Truck Accidents
• Pedestrian Accidents
• Workplace Accidents
• Train Accidents
• Slip and fall injuries
• Medical Malpractice

Fault in Wrongful Death Lawsuits

It is important to determine who is at fault for the wrongful death accident so that surviving family members can file a lawsuit to recover compensation.

After a serious accident, like a car crash, a wrongful death lawyer in Memphis can help to reconstruct the scene of the accident, interview witnesses, hire expert witnesses, investigate the past history of any parties involved, and work with the insurance companies and the police. This is an important component of a wrongful death claim since the surviving family members will already have enough to cope with.

Who Can File a Tennessee Wrongful Death Claim?

The individual representative of the deceased person’s estate or certain family members are the only ones allowed to bring a wrongful death claim after a person has been killed.

It’s most likely the decedent’s spouse, children, or estate representative who can bring this type of claim. In cases where they were a dependent at the time of death, their parents or the administrator of their estate may be able to bring the claim.

Damages in a Tennessee Wrongful Death Claim

Tennessee wrongful death cases can demand compensation for reasonable funeral and burial expenses, mental anguish that the deceased person suffered, loss of enjoyment of life between the infliction of the injury and the time of death, physical and mental suffering, lost wages that the survivors would have benefited from, and the loss of the deceased person’s love, society and companionship.

The support of an experienced wrongful death lawyer is instrumental in recovering maximum compensation.

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