Wrongful death cases can be some of the most complex types of lawsuits to litigate, as there are a number of different elements that may affect, and ultimately determine, how much a verdict or settlement is worth. Therefore, it is important that you enlist only the most qualified and experienced lawyers to represent you and the loved one you lost. In Tennessee wrongful death suits, there are three types of damages that can be awarded: pecuniary (economic), non-economic, and punitive.
Have you lost a loved one due to the negligence or recklessness of another individual or entity? If so, you may be entitled to legal recourse through a wrongful death lawsuit. As explained below, you may be entitled to multiple kinds of damages to help you recover financially after such a traumatic experience. To receive a free consultation from a proven Memphis wrongful death attorney, fill out the free case review form on the right.
The first type of wrongful death damage is a claim on behalf of the deceased person's estate for economic damages sustained by the deceased party and survivors. These damages provide for the full value of medical expenses, suffering, funeral costs, and others. Considerations include:
- Medical expenses connected with post-injury care
- Reasonable funeral and burial expenses
- Loss of earning capacity between injury and death
- Loss of the deceased's expected earning potential
- Loss of benefits
Certain variables may be taken into consideration when determining the damages, including the life expectancy of the deceased, the age of the deceased, the condition of health of the deceased, the strength and capacity for work and for earning money through skill, the personal habits of the deceased for sobriety and industry, etc.
Mississippi Wrongful Death Statute of Limitations
Generally, if a person faced an untimely death because of the negligent or reckless actions of another, the statute of limitations in Mississippi is three years. However, there are exceptions. In the case of medical malpractice, the limit is two years from incident or date of discovery – with the maximum limit being seven years. Moreover, if the act that led to the death was intentional, the time limit is only one year after the date of death.
The second form is a wrongful death claim that can be brought by a family member for the non-economic damages for the death of the victim and its effect on the survivors. Considerations include:
- The loss of child, parental, or spousal consortium
- The loss of love and companionship of the deceased
- Loss of enjoyment of life between injury and death for the deceased
- Loss of guidance, protection, advice, or nurturing from the deceased
- Physical and mental suffering of the deceased between injury and death
In these sorts of cases, non-economic damages are often more valuable than economic damages. For this reason, a quality legal team can lead to substantial Memphis wrongful death damages.
In Tennessee, sometimes punitive damages are awarded to victims in order to punish the entity that caused the wrongful death and dissuade them from pursuing similar conduct in the future. Punitive damages are often reserved for cases where the violator showed malicious intent in his or her actions. This possibility allows even the estates of deceased individuals who are not considered particularly economically valuable to pursue potentially substantial wrongful death claims.
Children and Stay-at-Home Mothers
As many of the damages awarded to the survivors or estate of the deceased rely on the potential earning power of the victim, it is somewhat more difficult to award damages when the decedent is a child. Mothers who operate outside of the labor force also fit into this category. Since these cases can be more difficult to litigate, it is essential that you have a powerful advocate on your side.
How a Wrongful Death Attorney Can Help
Unlike some states, in Tennessee there is no cap on the possible damages awarded in a wrongful death lawsuit. Therefore, the difference between a quality legal team and the alternative may be drastic. wrongful death lawyers at Morgan & Morgan's Memphis office are skilled at meticulously investigating the causes of a death and are seasoned litigators for these types of cases. We have the resources necessary to assemble respected medical professionals, economists, and other professionals to help testify as to the egregious actions that led to the death and to prove the incredible value of your loved one.
As the statute of limitations for wrongful death is only one year in Tennessee and two years in Arkansas and Mississippi, do not hesitate to contact a legal professional.For a free consultation, fill out the free case review form on the right.
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