Memphis Wrongful Death: Who Can File


When a wrongful death claim is filed, the estate of the deceased claims that the death was caused by the negligence, carelessness, or recklessness of another person. But who is entitled to file a lawsuit against the person or entity that caused the death of a loved one? What if multiple members of a family want to file a lawsuit for the same thing? In Tennessee and in other states, there are laws that govern who is able to pursue a wrongful death claim and what happens if the desires of multiple individuals coincide.

Has one of your loved ones died in an accident that may have been due to the negligence or recklessness of another person, company, or government agency in Memphis? If so, you may be entitled to compensation for both economic and non-economic damages resulting from the death. To receive a free, no-obligation consultation from an experienced Morgan & Morgan wrongful death attorney, fill out our free case evaluation form.

Parties of a Tennessee Wrongful Death Lawsuit

Our attorneys often hear the question, “Who can file a Memphis wrongful death lawsuit?” If the victim is an adult, his or her spouse and children are eligible to pursue compensation. When a father or mother loses a child in an accident that could have been prevented, the parent also has a right to pursue compensation. In some situations, if the victim has no immediate relative, distant family members, and even the individual’s estate may be included in a wrongful death lawsuit. In Tennessee, only one wrongful death lawsuit may be filed for a single accident, so if multiple lawsuits are filed, they will be consolidated.

Birth Injuries Resulting in Wrongful Death

Under the Tennessee wrongful death statute, a person includes a fetus that was viable at the time of injury. A fetus is considered viable if it has achieved a state of development where it could reasonably be expected to be capable of living outside the mother’s uterus. If this is the case, the parents or a representative may file a wrongful death lawsuit for the loss of the infant’s life.

How a Memphis Wrongful Death Lawyer Can Help

After a wrongful death accident, an individual or family may receive compensation for funeral costs, medical bills, loss of companionship, loss of income or support, pain and suffering, and others. Tennessee is one of the few states that doesn’t limit the amount of damages a victim can receive in a wrongful death lawsuit. For these reasons, hiring a quality law firm is absolutely essential to receiving the most compensation possible.

Morgan & Morgan has a proven track record of success in litigating wrongful death claims in Tennessee, Arkansas, and Mississippi. To receive quality legal advice from experienced Memphis wrongful death lawyers, fill out the free consultation form on the right.