Have you lost a loved one due to someone else’s negligence in Memphis, Tennessee? At Alders & Lewellyn, PLLC, we understand how devastating this loss can be. Our compassionate Memphis wrongful death lawyers can help your family seek justice and financial compensation. Contact us at (901) 602-5700 for a free consultation.
Our legal team is prepared to stand with your family throughout the legal process, no matter what it takes. We bring 50 years of combined experience and have recovered over $100 million for our clients. We understand what families in Shelby County are going through, and we take that responsibility seriously.
Why Hire Alders & Lewellyn, PLLC for My Family’s Wrongful Death Case in Memphis, TN?
Not every law firm has the resources and the resolve to take on a wrongful death case the right way. These claims demand a thorough investigation and a willingness to go to trial when the other side refuses to offer what your family deserves. You need a Memphis personal injury lawyer who brings more than just experience to the table.
There are several reasons families in Memphis trust Alders & Lewellyn, PLLC with their wrongful death cases:
- Our attorneys have five decades of combined legal experience focused on serious injury and death cases
- We dedicate real time and attention to every case rather than treating families like a number on a list
- Our trial preparation starts from day one, which sends a clear message to insurance companies that we will not accept a lowball offer
- We handle every aspect of the legal process, from the initial investigation through trial if necessary
Your family should not have to worry about whether your lawyer is up to the challenge. Reach out to our Memphis wrongful death attorneys for a free case review, and let us show you why we are the right choice.
How Does Tennessee Define Wrongful Death?
Tennessee law defines wrongful death as a death that results from injuries caused by another party or from the wrongful act or omission of another. The key legal requirement is that the deceased person would have had the right to file a personal injury lawsuit had they survived.
This means that wrongful death claims in Tennessee are treated as a continuation of the personal injury case the victim can no longer bring on their own behalf. The claim shifts to the surviving family, who can seek compensation for the losses they have suffered as a result of the death.
It is worth noting that a wrongful death claim is a civil matter, not a criminal one. Even if the responsible party is facing criminal charges, your family can still pursue a separate civil case. The burden of proof in a civil claim is lower than in a criminal prosecution, which means your case can succeed even if a criminal case does not result in a conviction.
Who Has the Right to File a Wrongful Death Claim in Tennessee?
Tennessee law restricts who can bring a wrongful death lawsuit, and it establishes a specific priority order. Only one wrongful death claim is permitted by law for any single death, which makes it critical to understand who has standing.
The priority under Tennessee Code § 20-5-107 is as follows:
- The surviving spouse has the first right to file
- If there is no surviving spouse, the deceased’s children or next of kin may file
- In limited situations, a parent may bring the claim
- The personal representative or administrator of the deceased’s estate also has the right to file on behalf of the family
If your family is unsure who should file the claim, our attorneys can walk you through the process and help determine the best course of action based on your circumstances.
What Kinds of Accidents Lead to Wrongful Death Claims in Memphis?
Wrongful death cases can arise from a wide range of preventable incidents. Any situation where negligent, reckless, or intentional conduct leads to a fatality may give rise to a claim.
Our Memphis wrongful death lawyers handle cases involving:
- Car accidents
- Truck accidents
- Motorcycle crashes
- Pedestrian accidents
- Medical malpractice
- Workplace fatalities
- Defective products
- Premises liability incidents
- Nursing home abuse
Even if the specific type of accident that took your loved one’s life is not listed above, you may still have a valid claim. Contact our team so we can evaluate the facts of your case.
How Much Is My Memphis Wrongful Death Claim Worth?
Every wrongful death case is different, and there is no standard formula for calculating the value of a human life. That said, several factors play a direct role in determining what your family’s claim may ultimately be worth.
Some of the considerations our legal team will examine include:
- The age of the deceased at the time of death
- Their earning capacity, career trajectory, and work history
- The financial support they provided to the family
- The nature of the relationship between the deceased and the surviving family members
- The strength of the available evidence linking the defendant’s conduct to the death
- Whether the deceased bore any share of fault for the accident
- The defendant’s financial resources or applicable insurance coverage
Wrongful death claims in Tennessee can result in substantial awards, particularly in cases involving young wage earners or egregious conduct by the at-fault party. During your free consultation, our attorneys can provide a preliminary assessment of what your family’s case may be worth based on the facts you share with us.
What Kinds of Damages Are Available Through a Tennessee Wrongful Death Claim?
Tennessee law allows families to pursue two distinct types of claims after a wrongful death. Each one addresses a different category of loss.
Wrongful Death Damages
These damages are meant to compensate the surviving family members for what they have lost as a result of the death.
They can include:
- Loss of the deceased’s expected future income and financial support
- Loss of companionship, guidance, and consortium
- Mental anguish and emotional suffering experienced by the family
- Loss of services the deceased provided to the household
Survival Action Damages
A survival action covers the losses the deceased person experienced between the time of the injury and the time of death.
These can include:
- Medical expenses incurred before the victim passed away
- Pain and suffering the victim endured prior to death
- Funeral and burial costs
In cases involving extreme recklessness or intentional misconduct, Tennessee courts may also award punitive damages. These are designed to punish the responsible party and discourage similar behavior in the future.
Our attorneys will evaluate every category of loss your family has suffered to pursue the maximum compensation available under the law.
How Much Time Do I Have to File a Wrongful Death Claim in Memphis?
Tennessee has one of the shortest statutes of limitations for wrongful death claims in the entire country. Under Tennessee Code § 28-3-104, your family has just one year from the date of your loved one’s injury that led to their death to file a lawsuit. If you miss this deadline, the court will almost certainly bar your claim permanently.
However, there are various exceptions that can adjust this time limit. The sooner you speak with a wrongful death attorney, the more time we have to investigate the circumstances and build your case properly.
Can Shared Fault Reduce a Wrongful Death Award in Tennessee?
Yes. Tennessee follows a modified comparative fault law with a 50 percent bar. If the deceased person is found to have been 50 percent or more at fault for the accident that caused their death, your family cannot recover any compensation.
If the deceased’s share of fault is below that threshold, the total damages will be reduced by the percentage of responsibility assigned to them. For example, if a jury determines that your loved one was 20 percent at fault and awards $500,000 in damages, the final amount would be reduced to $400,000.
The defendant’s legal team will almost certainly try to place as much blame on the deceased as possible. Having an experienced wrongful death attorney who can counter those arguments and protect the value of your claim is essential.
What Does It Cost to Hire a Wrongful Death Lawyer in Memphis, TN?
Hiring a wrongful death attorney at Alders & Lewellyn, PLLC will not cost your family anything out of pocket. We handle these cases on a contingency fee basis, which means we only collect attorney’s fees if we recover compensation for you.
Before your case begins, you will sign a fee agreement that outlines the exact terms. If we do not obtain a settlement or verdict on your behalf, you owe us nothing. This arrangement ensures that every family has access to experienced legal representation regardless of their financial situation.
Contact Our Compassionate Memphis Wrongful Death Attorneys for a Free Consultation
Has your family lost someone because of another party’s carelessness or wrongdoing in Memphis, Tennessee? With only one year to file a claim under state law, there is no time to wait. Alders & Lewellyn, PLLC has recovered over $100 million for our clients and will bring that same dedication to your family’s case.
Call our Memphis wrongful death attorneys today for a free, no-obligation consultation.
