Memphis Wrongful Death FAQ

Frequently Asked Questions

What is a wrongful death?

Wrongful death, as the name implies, includes any fatality that results from the wrongful act, fault, or omission of another. This definition is derived from the Tennessee Code and is based upon the statutes that control wrongful death cases in our Tennessee courts. Many wrongful deaths are the result of car accidents, truck accidents, or other acts of negligence, including workplace injuries that result in fatalities.

If you have been injured, contact our Memphis, TN office for a free evaluation to determine if you are entitled to compensation for your personal injury.

Who can bring a lawsuit in a wrongful death action?

Under Tennessee law, a claim for wrongful death survives and is passed onto to the surviving spouse or children of the deceased. In order to pursue a claim in court, the spouse or children can bring a lawsuit against the negligent party. The personal representative of the decedent’s estate may also bring suit on behalf of the surviving spouse or children. If there are no surviving spouse or children, the law provides that the parents or other surviving relatives may pursue the wrongful death claim though this will depend on the facts. A Memphis wrongful death attorney can help you determine the appropriate course of action for your specific circumstances.

What types of damages are recoverable in a wrongful death claim?

Typically the surviving family members can seek recovery for the mental and physical anguish suffered by the deceased prior to his or her death. Recovery may also be made for medical expenses and other expenses incurred prior to death, including lost earnings incurred between the time of injury and the time of death. Funeral expenses are also recoverable. The surviving spouse and children also are entitled to recover for their emotional pain and suffering, lost income, lost inheritance, and lost companionship. Other damages may also be available depending on the circumstances of the wrongful death case.

In which court can my family file a wrongful death lawsuit?

If your case proceeds to the point of filing a lawsuit, you must file the lawsuit in a court that has jurisdiction over the cause of action. If the wrongful death was the result of a car accident or other motor vehicle accident, such as a motorcycle or truck accident, the lawsuit must be filed either in the county in which the accident occurred or in the county in which the defendant resides. If the accident is caused by a Memphis resident and occurs in Memphis, your case would go to court in Shelby County, likely in the local Circuit Court.

If a family member dies, how do I know if I have a wrongful death case or claim?

Not all accidental deaths constitute wrongful deaths. Only fatalities caused by another person or entity would give rise to a claim for wrongful death. If a family member is killed in a car accident, we must first determine that there was some fault or negligence on part of another driver or responsible party before a wrongful death lawsuit or claim can be pursued. If you have specific questions about a death in your family, you should consult a Memphis personal injury attorney.

Can a wrongful death claim arise from an intentional act such as an assault or shooting?

Yes. Homicides, whether intentional or unintentional, can certainly be the basis for wrongful death cases. If a loved one is intentionally killed by another person or entity, the police and criminal justice system will certainly be involved. An experienced personal injury attorney can also help you determine a proper course of action during this difficult time.

Can I bring a claim is a loved one is killed on someone else’s property?

Depending on the circumstances of the injury and resulting death, you may be able to proceed with a claim against a landowner or homeowner. Children are often the victims of negligently maintained playground equipment, swimming pools, or other recreational equipment. The facts surrounding the fatality are important in determining whether the property owner was responsible or failed in his or her duties to protect persons from serious injury or death. Contact a Memphis wrongful death lawyer if someone in your family is seriously injured or killed.