Who Can I Sue for Wrongful Death?
Filing a Wrongful Death Lawsuit with the Help of a Wrongful Death Lawyer Memphis, TN Respects
When a person dies at the hands of another person, the victim’s family may have legal grounds for filing a wrongful death lawsuit against the killer. Such a lawsuit seeks to compensate the surviving family members for pecuniary damages, including medical bills, funeral costs and any loss of support, wages, services, or inheritance resulting from the decedent’s death.
If you have lost a loved one and believe another party is at fault, then you should contact a wrongful death lawyer in Memphis, TN from Patterson Bray to discuss your legal options. Though no amount of compensation can heal the pain from losing someone close to you, it may be able to ease some of the financial burden that your family now faces.
Wrongful Death
A wrongful death is one that was avoidable and occurred due to the negligent or intentionally harmful actions of another party. Negligence, misconduct, and intent to cause harm are ways in which a wrongful death may occur. If the at-fault party could have prevented the accident by necessary means or standard care, then the resulting death may be considered wrongful. The most common causes of wrongful death include:
- Criminal behavior
- Medical malpractice that results in the death of the patient
- Automobile or plane accident caused by negligence
- Public transportation accident
- Occupational accidents
- Death during a supervised activity
Elements Required to File a Wrongful Death Lawsuit
Laws vary by state, but there may be legal grounds for a lawsuit when a wrongful death occurred. Generally, in order to file a wrongful death lawsuit the following elements must be proven:
- Someone died.
- Someone’s negligence, misconduct, or intent to cause harm caused the death.
- The surviving family members or loved ones were financially dependent on the deceased, and/or are financially burdened by the damages associated with the death such as funeral expenses.
- A judge or court recognizes the representative of the deceased’s estate as the same person who is filing the wrongful death lawsuit. A Memphis wrongful death lawyer from our firm can represent you in court.
Filing a Wrongful Death Lawsuit
A wrongful death lawsuit must be filed by a representative of the surviving family members and loved ones who are suffering damages from the death. This will usually be the person appointed as executor of the decedent’s estate. A wrongful death lawyer in Memphis, TN from our firm can help establish that should be the representative if in fact that is the case.
The claim will be filed against the at-fault party, whether they are directly responsible or indirectly responsible for the death. For example, in a car accident, the other driver might be liable, whereas, in a public transportation accident, the municipality might be held liable.
Together, the survivors in the claim must determine all impacting damages from the accident and the death. Your wrongful death lawyer in Memphis, TN will need to gather and provide evidence that proves each damage included in the claim.
Before taking action, you should consider consulting a wrongful death lawyer Memphis, TN families trust under similar circumstances. A wrongful death lawyer in Memphis, TN from Patterson Bray will protect your family’s rights and fight for a fair compensation. Call us today for a free consultation.