Personal Injury LAW
Wrongful Death
Located in Memphis, TN
What is Wrongful Death?
When an individual dies due to negligence or misconduct, relatives of the deceased may file a wrongful death suit in order to recover damages caused by their loved ones death. In the state of Tennessee, “loved ones” consist of surviving spouses, children, and in some cases, grandchildren of the deceased.
Wrongful Death Causes
A wrongful death claim often stems from a variety of possible negligence situations. Though there are others, the most prevalent examples are:
- Medical Malpractice
- Defective Drugs
- Defective Products
- Accidents and Injuries
What damages can you recover in a wrongful death case?
In most instances, survivors (spouse, child, parent, etc.) to the recently passed individual have the opportunity to recover for the following damages:
- Funeral Expenses
- Burial Expenses
- Lost Wages
- Counseling Sessions
- Medical Costs resulting from an injury prior to death
- Additional options
How do you file a wrongful death claim?
Losing a family member is an emotional and traumatic event, and The Chiozza Law Firm is determined to assist your family through this difficult situation. Although no monetary amount can make up for the death of a loved one, there is a clear moral and legal obligation to repay the debt for this death and try to make the survivors--the children, wife, husband, parents--whole.
In Tennessee, filing a wrongful death claim is similar to filing the personal injury claim the deceased would have filed had they lived. Once the claim is filed with the appropriate court, the party you are suing will be given notice and a chance to respond. However, a wrongful death claim requires you to prove negligence. The four general elements include:
- The at-fault part owned the deceased a particular duty of care
- The at-fault part failed to provide this duty
- The failure to provide caused the deceased’s death
- The descendant suffered damages as a result of this
Statute of Limitations for a Wrongful Death Suit
The statute of limitations for a wrongful death claim in the state of Tennessee is one year to the date of death. In many instances, this is also one year from the accident which caused your loved one’s death. In certain circumstances, additional time may be added to this statute, such as if criminal charges are also being filed.
Wrongful Death FAQs
How long do wrongful death cases take?
Some wrongful death cases can be resolved in a few months, but others can take up to several years. Circumstances surrounding the wrongful death case can change the time frame, such as:
- Insurance claims
- Liability
- Bad faith regard the valuation of the death
Can someone be sued for wrongful death if they are not found criminally guilty?
Yes. In criminal cases, you must prove that the defendant is guilty beyond a reasonable doubt. However, in civil cases, you only need to prove that it is more probable than not that the accused party was responsible.
Are wrongful death settlements public record?
Wrongful death settlements are typically kept between parties and are not public record. The amount of a settlement is only known by the accused's insurance and those who are recovering the damages. However, if a settlement is not reached and the case goes to trial, records will be made available to the public.
How are wrongful death settlements paid out?
Wrongful death settlements are usually paid out as a lump sum less any attorney fees and costs. However, if the recoverer wants a structured settlement instead, that can be discussed with the payee.
Wrongful Death Law
Families get destroyed and people just want to look the other way at times, thanks to big insurance propaganda. It's always difficult when someone dies, but when the death should never have occurred it's a tragedy. Closure and justice in the form of money damages is all there is. It's the worst pain imaginable to lose a loved one: a father, husband, wife, child, when the death occurred because of neglect. When death should have never happened. It's pain inside pain. It's tragedy on top of tragedy. It's an awesome responsibility to represent a wife that has lost a husband, or a husband that has lost a wife, or parents that have lost a child.
Dignity, respect, and the honoring of a person and their memory are so important to the family. An experienced attorney at The Chiozza Law Firm understands all the dynamics and how all the family members have been affected by the loss.
Contact The Chiozza Law Firm at 901-526-9494 to schedule a free consultation with an experienced auto accident attorney.