Losing a loved one is never easy, but when their death was preventable it can be even more difficult to accept. A wrongful death occurs when a person loses their life because of the actions of another party, whether intentional or unintentional. All states have statutes regarding wrongful death claims that specify who is allowed to file a claim or lawsuit on behalf of the deceased. To learn whether or not you can initiate a wrongful death claim, continue reading and work with a Memphis wrongful death lawyer for sensitive and experienced legal assistance.
What is Wrongful Death?
Wrongful death is any death caused by injuries that resulted from another person’s wrongful actions. If another party’s negligence, recklessness, or intentional actions caused the victim to pass away, it may be considered a wrongful death. The following are common causes of wrongful deaths.
- Auto accidents
- Medical malpractice
- Premises liability accidents (slip and falls)
- Defective products
- Assault
- Murder
When a person intentionally or unintentionally participated in any of the above that caused a death they can be found liable for wrongful death.
Who Can Initiate a Wrongful Death Claim?
In Tennesse, a wrongful death claim or lawsuit can be initiated within 1 year of the date of death. It is important to file within this time frame so as to not miss out on your opportunity to receive compensation for your loved one’s passing. However, there are laws dictating who is able to file a wrongful death claim.
In Tennessee, certain family members are eligible to file a claim or lawsuit. Below are the individuals who can file, listed in order of first priority.
- The deceased’s surviving spouse
- The deceased’s surviving children, if there is no surviving spouse
- Any surviving next of kin, if there is no surviving spouse or children
- The executor of the deceased’s estate
- The deceased’s surviving parents, if the deceased had been financially dependent on their parents
If you fall into any of the above categories you may be eligible to file a wrongful death claim. Speak with your other family members and relevant parties as well as a knowledgeable attorney to determine whether or not you can begin the legal process.
How Can Liability Be Established?
For the plaintiff to receive compensation for damages associated with the wrongful death and to bring the responsible party to justice, liability must be established and proved. There are generally four things that must be proven to establish the liability of a defendant during a wrongful death case.
- The defendant had a legal duty of care toward the victim, as in they had a reasonable responsibility to act with caution or care. Consider the relationship between a driver and pedestrian or doctor and patient.
- The defendant breached this duty by acting with negligence, recklessness, or intentional malice.
- The defendant’s breach of duty directly correlated with the death of the victim.
- The death of the victim created economic and non-economic hardships for the victim’s surviving family and dependants.
Speak with a lawyer today to discuss your legal options and begin building a case to prove liability and recover damages for your loss.
