Memphis Wrongful Death Lawyer

Experiencing the loss of a loved one due to the negligent actions of another individual or entity is utterly heart-wrenching. The shock and pain are unimaginable. At this moment, pursuing legal recourse might not feel like a priority. You might wonder, “What impact could it possibly have?” If you need a Memphis wrongful death lawyer, we’re here to support you through this difficult time.

After losing your loved one, you already have enough to worry about and deal with. You don’t need to shoulder every burden alone. An experienced Memphis personal injury lawyer at Gatti, Keltner, Bienvenu & Montesi PLC is here to help. You can trust us to protect your interests and fight for what is right and just. Contact our Memphis catastrophic injury law firm for a free consultation to explore your legal options further.

Common Incidents Resulting in Wrongful Death

While there is nothing anyone can do to bring your loved one back, taking action can make a difference in your life. A wrongful death lawyer in Memphis, TN, can help put the resources you need in your hands. You can then use those tools to ensure that you can recover from this tragic loss.

Exercising your legal rights and holding the accountable party responsible not only seeks justice for you but also helps prevent similar incidents from happening to others.

For nearly five decades, we have successfully handled wrongful death lawsuits involving all types of accidents and negligence. We handle the following:

• Motor vehicle accidents
• Motorcycle accidents
• Truck accidents
• Pedestrian accidents
• Bicycle accidents
• Cases involving medical malpractice
• Workplace accidents
• Emergency room negligence or dangerous drugs
• Claims involving property owner negligence or defective products

Can Personal Injury Attorneys Pursue Wrongful Death Criminal Charges?

One of the top questions surviving family members have after losing a loved one is whether the defendant will face charges in criminal court for their loved one’s fatal accident. Unfortunately, it is not up to your Memphis wrongful death lawyers to determine whether criminal charges are filed.

The state’s prosecuting attorney will analyze the details of your case to determine whether the defendant should be charged criminally for the death of your loved one. They will opt to move forward with the case if they believe they have sufficient evidence to prove guilt beyond a reasonable doubt.

If the defendant is convicted in criminal court, they will face harsh penalties, including signs, community service, registration as a sex offender, incarceration, and other consequences.

Civil Wrongful Death Action

Taking criminal action against an offending party is a much different process than filing a wrongful death claim. Your wrongful death attorney in Memphis, TN, has the authority to file a lawsuit when another party’s negligence or misconduct is responsible for causing your family member’s death.

The burden of proof is significantly less in wrongful death claims. Here, your attorney will need to show through compelling evidence that the liable party is more likely they’re not at fault for causing the decedent’s death.

If the defendant is found liable for causing your family member’s death, they will be ordered to compensate your family for your damages.

The Authority to File a Wrongful Death Lawsuit

Although you may be anxious to get justice for your loved one, it is important to discover whether you have the authority to file a wrongful death claim. Under Tennessee law, only specific parties can file a wrongful death claim.

First, the decedent’s surviving spouse will have the opportunity to file the lawsuit. However, if the decedent did not have a surviving spouse, there are other parties who could have the right to file the claim in the following order:

• The decedent’s surviving children
• The decedent’s next of kin
• The decedent’s personal representative of their estate
• The decedent’s surviving parents

It should be noted that even though specific parties have the right to file the claim, damages will first be paid out to the surviving spouse and children should they apply. This is true even if the decedent’s personal representative files the lawsuit. If you are unsure whether you have the authority to file a wrongful death claim in Memphis, you can contact our office.

Statute of Limitations for Wrongful Deaths in Memphis

According to Tenn. Code §28-3-104, the statute of limitations for personal injury claims, under which wrongful death claims can be categorized, in Tennessee is just one year. Although one year may seem like more than enough time to contact a lawyer and start working on your case, the truth is that one year is a limited amount of time.

If you hope to build a compelling case against the liable party, it is essential that you get an attorney working on your case as soon as possible. Much of the evidence needed to prove fault in wrongful death claims will be time-sensitive.

If your Memphis wrongful death attorney does not have enough time to obtain this evidence, it may be lost. If your claim is not filed before the statute of limitations expires, you will lose your chance to have your case heard in Memphis civil courts.

Wrongful Death Compensation

No amount of money can truly compensate someone who has just lost their spouse due to medical malpractice. It cannot compensate a parent who has just lost a child or a child who will have to grow up without a mother or father.

At the same time, financial compensation is the only real help our justice system can provide for people who lose loved ones because of the negligence of others. The law allows certain surviving family members to seek compensation for economic and non-economic damages in wrongful death cases. These types of damages, called “pecuniary injuries,” include:

• Losses of income and future earnings
• Losses of consortium
• Losses of companionship
• Losses related to pain, suffering, and mental anguish
• Loss of services
• Loss of enjoyment
• Lost prospective inheritance
• Expenses related to a loved one’s medical care
• Funeral expenses

Our law firm endeavors to help all accident victims, including you and your loved ones, secure fair compensation from responsible parties.

Calculating Your Own Accident Losses

If you sustained injuries in an accident that also caused a loved one’s wrongful death, you may file two claims: a wrongful death claim for them and a personal injury lawsuit for your own injuries, to pursue compensation for both.

Preparing for a Wrongful Death Trial

Depending on the nature of your accident, you may come to a settlement agreement with a liable party in negotiations. If you’re not able to ensure your financial recovery via these conversations, though, then it’s time to move your case to court.

Transitioning out of negotiations sees both you and the defendant begin the discovery process. Our legal team will assess the nature of the deceased individual’s accident and will share our findings with the defendant’s attorney, as the civil process requires. Once we have enough information to represent your losses, we can prepare your opening statement.

Examination and Cross-Examination

You should be prepared to present your perspective on the defense’s negligent actions during the examination. The defense can then cross-examine you to challenge that interpretation of the defendant’s behavior.

Utilize our legal services to strategize your response to potential defense challenges regarding your loved one’s losses.

Once you and the defense have presented your cases, deliberation over your right to compensation falls to the jury. Consider consulting Gatti, Keltner, Bienvenu & Montesi PLC for an appeal if your wrongful death case verdict is unfavorable.

Memphis Wrongful Death FAQ

Wrongful death claims in Memphis are often complex. We understand that you may have many unanswered questions regarding the effect you want your wrongful death claim to have on your life. We also understand that, in this difficult time, you may not be sure where to turn for your answers.

With that in mind, we have answered some of the most frequently asked questions surrounding wrongful death accident claims below. If you have further questions we did not cover on this page, do not hesitate to contact our office so we can discuss your concerns in greater detail.

Will I Have to Go to Court?

It is difficult to say whether your wrongful death claim will need to go to court. If your insurance settlement from the liable party’s insurer covers your needs, court action may be unnecessary.

However, insurance settlements rarely, if ever, cover the surviving family members’ damages in full. This is partly because insurance settlements only cover certain types and amounts of economic damages. Insurance may cover the decedent’s funeral, medical expenses, or property damages, but not all losses. You may need to go to court to maximize your settlement.

Are Wrongful Death Damages Taxable?

Generally, damages awarded in a wrongful death claim are not taxable. However, if you use your compensation to invest or generate additional income, that additional income is then eligible for taxation.

Damages awarded for loss of income or future potential earnings can fall into a gray area. It’s important that your attorney accurately lists damages in your claim to avoid discrepancies with the IRS later on.

What Happens if the Decedent Was Partially at Fault for the Accident?

A wrongful death settlement in Tennessee may reduce up to 50% if the deceased partially contributed to their injuries.

However, your family’s compensation will be reduced to reflect the decedent’s liability portion. The defendant may argue that the decedent is partially at fault for their injuries to reduce their financial obligation. Your attorney will handle any accusations and present evidence to prove the defendant’s culpability.

How Does the Wrongful Death Claims Process Work?

It’s important to understand the wrongful death claims process to hold those responsible for your loved one’s death accountable. Although every wrongful death and personal injury case differs, the claims process generally unfolds the same. 

Here are general ideas of what to expect when pursuing your wrongful death lawsuit in Memphis, keeping that in mind:

• You hire a wrongful death returning to take on your case.
• Your lawyer conducts a thorough investigation into the cause of your family member’s death and identifies those responsible.
• We intend to settle your case outside of court by filing a claim with the insurance company or negotiating with the liable party.
• We will prepare to move forward with your wrongful death lawsuit at trial if insurance settlements are insufficient or the liable party refuses to compensate your family reasonably for your loss.
• In court, your lawyer will present the evidence gathered against the liable party and refute claims or allegations made by the defense to reduce their financial liability.
• The judge and jury will review the evidence to determine if the preponderance of the evidence meets the burden of proof.
• The jury can decide to find the defendant liable or not liable based on the evidence presented in your case.

Reach Out to a Wrongful Death Lawyer in Memphis for Legal Support and Advice

Contact Gatti, Keltner, Bienvenu & Montesi PLC if you lost a loved one to an accident.

Schedule your no-cost, risk-free consultation as soon as today when you call our office or fill out our online contact form.