MEMPHIS WRONGFUL DEATH LAWYER

Losing a loved one unexpectedly is devastating. When that loss is caused by another person’s or company’s carelessness, recklessness, or wrongful conduct, state law may allow surviving family members to pursue justice and financial accountability.

In general, a wrongful death occurs when someone dies as a result of another party’s negligence, misconduct, or wrongful act. These claims are governed by each state’s wrongful death laws.

A wrongful death lawsuit allows eligible surviving family members to seek compensation for both the financial impact of the loss and the loss of the relationship itself.

To establish a wrongful death case in Memphis, an attorney typically must show:

• The defendant owed a duty of care
• That duty was breached
• The breach directly caused the death
• The surviving family members suffered legally recognized damages

Who may file the claim and how any compensation is distributed will depend on the specific laws of the state.

Wrongful death claims can result from a wide range of preventable incidents. While the circumstances vary from case to case, certain types of fatal accidents occur more frequently than others. Common causes may include:

• Car accidents involving negligent or distracted drivers
• Pedestrian or bicycle collisions
• Commercial truck accidents
• Medical malpractice at hospitals or surgical centers
• Construction site and other workplace accidents
• Drownings in residential or public pools
• Premises liability incidents at businesses or apartment complexes
• Defective or dangerous products
• Nursing home neglect or abuse
• Fatal injuries resulting from violent or criminal acts

Each of these situations may give rise to a civil wrongful death claim, which is separate from any criminal charges that may also be filed.

If you suspect a wrongful death, taking prompt action can help protect your rights and strengthen your case. Consider the following steps:

Obtain a Death Certificate

The official death certificate documents the cause of death and may be an important piece of evidence.

Gather Evidence

Collect medical records, accident reports, photographs, witness statements, and any other relevant documentation. If the death occurred in a workplace or medical setting, obtain records related to procedures, treatment, or safety conditions.

Contact Morgan & Morgan

An experienced wrongful death attorney can evaluate your situation, explain your options, and help determine liability and potential compensation.

Avoid Speaking With Insurance Companies Alone

Insurance companies may try to limit your claim. It’s best to consult with an attorney before providing any statements.

Determine Who Can File a Claim

Who may bring a wrongful death claim depends on state law. In many cases, the claim is filed by eligible surviving family members or by the personal representative of the deceased’s estate on behalf of beneficiaries such as a spouse, children, parents, or other dependents.

Be Aware of the Statute of Limitations

Each state sets a deadline for filing a wrongful death claim. Tennessee’s statute of limitations is strict, and missing it may prevent you from pursuing compensation.

Consider the Financial and Emotional Impact

Wrongful death claims may allow recovery for losses such as medical expenses, funeral and burial costs, lost financial support, and the loss of companionship, care, and guidance. An attorney can help evaluate the full scope of available damages under state law.

Determining whether you have a valid wrongful death case depends on several key legal factors. Here’s what you should consider:

Was there negligence or misconduct?

To have a wrongful death case, you must prove that someone else's negligence, recklessness, or other actions caused the death. This can include:

• Car accidents caused by a reckless driver
• Medical malpractice due to a doctor’s error
• Unsafe workplace conditions leading to a fatal accident
• Criminal acts, such as assault or homicide

Did the death result from that negligence?

There must be a direct link between the responsible party’s actions (or failure to act) and the death. For example, if a doctor misdiagnosed a treatable illness and the patient died as a result, that could establish a valid claim.

Do you have legal standing?

Only certain individuals are eligible to file a wrongful death lawsuit, and who qualifies depends on state law. In many cases, the claim is brought either by eligible surviving family members or by the personal representative of the deceased’s estate on behalf of those beneficiaries.

Those who may be eligible can include a surviving spouse, children, parents, or other financially dependent relatives, depending on the specific laws of the state.

Are there recoverable damages?

A valid wrongful death claim must involve legally recognized losses, which may include:

• Medical expenses incurred before death
• Funeral and burial costs
• Loss of financial support, including future earnings and benefits
• Loss of companionship, care, guidance, and support

The types of damages available will depend on state law and the specific circumstances of the case.

Is it within the statute of limitations?

Each state has a deadline to file a wrongful death claim. If too much time has passed, you may lose the right to sue.

Under Tennessee law, the right to file a wrongful death claim generally belongs first to the surviving spouse. If there is no surviving spouse, the right may pass to the deceased’s children, or in some cases, the parents or next of kin.

A personal representative (executor or administrator) of the estate may also bring the claim, either on behalf of the eligible beneficiaries or if no qualifying family member is available to do so.

Those who may benefit from the claim can include a surviving spouse, children, parents, or other heirs, depending on the circumstances and state law.

If a personal representative has not yet been appointed, probate proceedings may be required in certain situations to designate one to act on behalf of the estate.

Tennessee law sets strict deadlines for filing a wrongful death claim. In most cases, the time limit begins to run from the date of death, although certain factors may affect how that deadline is calculated.

Different rules may apply in situations involving:

• Medical malpractice
• Claims against government entities
• Delayed discovery of the cause of death

Because these deadlines are strictly enforced, and missing them can prevent you from recovering compensation, it’s important to take action as soon as possible to protect your rights.

A wrongful death lawsuit (civil case) and a criminal case can arise from the same incident, but they serve different purposes and follow different legal standards.

Purpose

• Civil case: Filed by eligible family members or the estate to seek financial compensation for legally recognized losses, such as medical expenses, funeral costs, and loss of financial support. The goal is monetary recovery, not punishment.
• Criminal case: Prosecuted by the government to address violations of criminal law. The goal is punishment, which may include imprisonment, fines, or probation.

Burden of Proof

• Civil case: The plaintiff must prove liability by a preponderance of the evidence (meaning it is more likely than not).
• Criminal case: The prosecution must prove guilt beyond a reasonable doubt, a much higher standard.

Who Brings the Case

• Civil case: Filed by surviving family members or the estate, depending on state law.
• Criminal case: Filed by government prosecutors.

Possible Outcomes

• Civil case: May result in a financial award for the family.
• Criminal case: May result in criminal penalties, such as incarceration or fines.

Can both happen at the same time?

Yes. A civil wrongful death claim can proceed independently of any criminal charges related to the same incident.

A wrongful death lawsuit and a survival action are both legal claims that may arise when someone dies due to another party’s negligence, but they serve different purposes.

A wrongful death claim is designed to recover compensation for the losses suffered by surviving family members after the death. These damages may include funeral and burial costs, loss of financial support, and loss of companionship or services, depending on state law. The focus is on the impact the loss has on the surviving beneficiaries.

A survival action, in contrast, is filed on behalf of the deceased person’s estate. It seeks to recover damages the individual could have claimed if they had survived, such as medical expenses, lost income, or other losses incurred between the time of injury and death. Instead of compensating the family’s loss, it continues the claim the deceased would have brought.

The key difference lies in timing and purpose. Wrongful death claims focus on losses experienced by surviving family members after the death, while survival actions address the losses the deceased suffered before passing. In some jurisdictions, both claims may be pursued together.

In a wrongful death case, compensation (also called damages) is intended to address legally recognized losses resulting from the death. The types of damages available depend on state law and the specific facts of the case.

Damages may include:

Economic losses

• Medical expenses incurred before death
• Funeral and burial costs
• Loss of financial support, including future income and benefits
• Loss of household services

Non-economic losses (where permitted by law)

• Loss of companionship, care, or guidance
• Loss of consortium

In some cases involving particularly reckless or intentional conduct, additional damages may be available under applicable state law.

Because wrongful death laws vary by state, an attorney can help determine what forms of compensation may apply in your situation.

Proving liability in a wrongful death case requires showing that the defendant’s actions (or failure to act) legally caused the death. While the process can be complex, most cases focus on establishing negligence, recklessness, or intentional misconduct.

Establishing Negligence (or Other Legal Theories)

In many wrongful death cases, the plaintiff, typically an eligible family member or estate representative, must prove that the defendant failed to exercise reasonable care.

To establish negligence, the following elements are generally required:

• Duty of care: The defendant owed a legal duty to the deceased. For example, drivers must operate vehicles safely, and medical professionals must provide competent care.
• Breach of duty: The defendant failed to meet that standard of care.
• Causation: The breach was a substantial factor in causing the death.
• Damages: The death resulted in legally recognized losses.

Intentional or Reckless Conduct

If the defendant acted intentionally or with reckless disregard for safety, liability may be based on those grounds rather than simple negligence. However, the plaintiff must still demonstrate that the conduct directly caused the death.

Evidence Used to Prove Liability

Establishing responsibility often involves gathering and presenting evidence, such as:

• Medical records
• Eyewitness testimony
• Expert analysis (medical, accident reconstruction, and economic experts)
• Police or incident reports
• Photographs or surveillance footage

Addressing Potential Defenses

Defendants may argue that the deceased was partially responsible for the incident. The effect of shared fault depends on state law, which may reduce or limit recovery in certain circumstances. Strong evidence and legal advocacy are essential to counter these arguments.

Legal Guidance Matters

Wrongful death cases can involve complex facts, multiple parties, and significant financial stakes. An experienced attorney can investigate the incident, preserve critical evidence, consult experts, and build a case designed to establish liability under applicable state law.

In a wrongful death case, an expert witness helps explain complex issues that are outside the common knowledge of the jury. Their role is to provide specialized knowledge that strengthens the case by supporting the plaintiff’s claims or refuting the defendant’s arguments. Expert witnesses are usually specialists in areas related to the case, such as medicine, accident reconstruction, or economics.

For example, a medical expert may testify about the cause of death, the severity of injuries, and how the defendant’s actions contributed to the fatal outcome. Similarly, an accident reconstruction expert might use evidence to show how an accident occurred and whether the defendant's behavior played a role in causing the death. By offering their expert opinions, these witnesses help the jury understand complex topics and make more informed decisions.

Yes, insurance often plays a significant role in wrongful death claims. In many cases, the party responsible for the death may have insurance coverage that can help compensate surviving family members. Here’s how insurance may be involved:

• Defendant’s insurance coverage: If the at-fault party is insured, such as in a car accident or workplace incident, their policy may cover damages awarded in a wrongful death claim. The insurance company typically handles the defense and may offer a settlement to avoid trial, which can help families recover compensation more quickly.
• Life insurance: If the deceased had a life insurance policy, beneficiaries, such as a spouse, children, or other dependents, may be entitled to death benefits. This is separate from a wrongful death claim but can provide additional financial support.
• Employer’s insurance: If the death resulted from a work-related accident, workers’ compensation insurance may cover certain expenses. However, it typically does not include non-economic damages like pain and suffering. In some cases, a third-party claim may also be possible if another party contributed to the incident.
• Settlements: Insurance companies often seek to resolve cases before trial to avoid the cost and risk of litigation. They may offer settlements to cover expenses such as medical bills, funeral costs, and lost income.

Insurance can be a key source of compensation in wrongful death cases, whether through liability coverage, life insurance, or workers’ compensation. However, coverage may not fully account for all losses, and the amount available depends on the specifics of the case.

It’s also important to understand that insurance companies often work to limit payouts. Having experienced legal representation can help protect your interests and ensure your claim is properly valued.

While it’s not legally required to have a lawyer for a wrongful death claim, it is highly recommended. Wrongful death cases can be complex, involving legal procedures, evidence gathering, and negotiations with insurance companies or opposing parties. Having an experienced attorney can significantly improve your chances of securing fair compensation and navigating the legal process effectively.

Tennessee’s wrongful death laws are strict and set specific requirements for who may file a claim, what damages may be recovered, and how long you have to act. An attorney can help ensure your claim complies with all applicable legal standards.

Proving that negligence or intentional conduct caused the death also requires strong evidence, such as accident reports, medical records, expert testimony, and witness statements. Morgan & Morgan’s attorneys have the experience to build a well-supported case.

Plus, insurance companies often try to minimize payouts. They may pressure you to accept a low settlement or deny liability altogether. A lawyer negotiates on your behalf and ensures you don’t settle for less than you deserve.

If a settlement isn’t reached, your case may go to trial. Litigation involves filing legal documents, presenting evidence, and arguing your case in court. An experienced Memphis attorney at Morgan & Morgan can handle these complexities and advocate for your rights.

Morgan & Morgan’s lawyers work on a contingency fee basis, meaning that there are no upfront fees or expenses until your case comes to a successful conclusion. That’s right—the Fee Is Free™, and you only pay if we win.

Our fee is a percentage of the settlement or verdict amount, ensuring we are motivated to achieve the best possible outcome for you.

We love talking to our clients. You will primarily communicate with your Case Manager via telephone and email, and if you would like to speak directly with your attorney via telephone, we will make that happen by scheduling a call.

When you hire Morgan & Morgan, you don’t just hire a lawyer; you hire the largest personal injury law firm in the country with an army of over 1,000 lawyers and offices in all 50 states and Washington, D.C.

Your case will be handled by a dedicated team of professionals, including personal injury lawyers, paralegals, and support staff. You will be assigned a care team that includes a primary attorney who will oversee your case and ensure you receive personalized attention throughout the process.

Morgan & Morgan has represented families across the country in wrongful death cases, securing meaningful results in complex and high-stakes claims. With over 1,000 attorneys and more than 35 years of experience, our firm has recovered $30 billion for clients nationwide.

As America’s Largest Injury Law Firm, we have the resources, knowledge, and reach to take on large corporations, hospitals, and insurance companies. Our team understands how to investigate these cases, build strong claims, and pursue the compensation families deserve.

We work on a contingency fee basis, meaning there are no upfront costs. The Fee Is Free™—you only pay if we successfully recover compensation for you.

If your family has lost a loved one due to negligence, you don’t have to navigate this process alone. Contact Morgan & Morgan’s Memphis team for a free case evaluation to learn more about your legal options.