Memphis Wrongful Death Lawyer
Legal Support for Wrongful Death Claims in Tennessee
At Donati Law, PLLC, our team is committed to defending the rights of individuals who have suffered the loss of loved ones in avoidable accidents. Because our legal team understands the hardships and various expenses a family can face after the death of a loved one, our team works diligently to provide top-tier legal services in the quickest amount of time possible.
Have you lost a loved one and believe the negligent, reckless, or careless actions of another caused their death? Call Donati Law, PLLC today at (901) 209-5500or contact us onlinefor experienced legal representation!
Understanding Wrongful Death in Tennessee
According to Tennessee Code Annotated section 20-5-106, wrongful death is a death that is caused by the “wrongful act, omission, or killing by another” person or by injuries received by another individual. In Tennessee, wrongful death claims are treated as special types of personal injury cases in which injured individuals are not able to bring their cases to court. Rather, the right to bring a claim to court is passed to a specific family member or personal representatives of the deceased individual’s estate.
Common Causes of Wrongful Death
Wrongful death can occur in a wide range of circumstances where negligence or misconduct is involved. Some of the most common causes include:
- Motor Vehicle Accidents: Fatal crashes involving cars, trucks, motorcycles, or pedestrians often result from reckless driving, distracted driving, or impaired driving.
- Medical Malpractice: Errors such as surgical mistakes, misdiagnosis, delayed treatment, or medication errors can have fatal consequences.
- Workplace Accidents: Unsafe working conditions, lack of proper safety equipment, or inadequate training can lead to fatal injuries, particularly in construction or industrial environments.
- Defective Products: Manufacturers may be held liable if a dangerous or defective product causes fatal harm to a consumer.
- Premises Liability: Fatal accidents caused by unsafe property conditions—such as slips and falls or inadequate security—can also form the basis of a wrongful death claim.
- Criminal Acts: In some cases, intentional acts of violence can result in wrongful death lawsuits in addition to criminal charges.
Understanding the cause of your loved one’s death is an essential step in building a strong wrongful death case and pursuing compensation from those responsible.
Who Can File a Claim in Court?
In the state of Tennessee, only certain family members of the deceased person or the representative of the estate can file a wrongful death claim. First, the right to file a claim belongs to the deceased person’s spouse. If a surviving spouse does not exist, the claim may move to the following individuals:
- Surviving children
- Representative of the deceased individual's estate
- Surviving parents, if the deceased individual was dependent on her or his parent at the time of death
- The administrator of the deceased individual’s estate, if the deceased individual was a dependent at the time of passing
It is essential to keep in mind that Tennessee’s statute of limitations states that all wrongful death cases must be brought to court within a year of the date of the deceased individual’s death. If the case is not filed within the year, the court will not hear the case, and the family members may lose the opportunity to pursue monetary compensation.
Contact Our Memphis Wrongful Death Attorney Today
If you have suffered the loss of a loved one due to another person or entity’s actions, you must contact our Memphis wrongful death lawyers immediately. Our team can help you understand what damages you and your family may be able to collect. Because our legal team has helped numerous individuals in situations similar to yours, we are confident in our ability to pursue justice for you.
Have you lost a loved one due to someone else’s negligence? Speak with a compassionate Memphis wrongful death lawyertoday to explore your legal options!
