Wrongful Death Accidents in Memphis, Tennessee

Wrongful Death Accidents in Memphis, Tennessee: Legal Insights, Statistics, and Major Cases

A wrongful death accident is when someone dies as a direct result of someone else’s negligence, recklessness or intentional misconduct. Whether it’s a car accident, medical malpractice, a defective product or a workplace accident, a wrongful death claim allows the family of the deceased to seek compensation for their loss. In Memphis, TN these cases are governed by specific laws to get justice for the deceased and their family.

This article covers the laws surrounding wrongful death claims, stats for wrongful death cases in Memphis and a famous case from the last 10 years.

Memphis, TN Personal Injury Laws for Wrongful Death Accidents

Wrongful death claims are part of personal injury law but have their own rules, eligibility, types of damages and ways to prove liability. Here’s a breakdown of how wrongful death claims work in Tennessee.

Wrongful Death Laws

In Tennessee wrongful death claims are governed by the Tennessee Wrongful Death Statute (Tennessee Code Annotated § 20-5-106). This statute outlines who can file a claim, what damages can be sought and the time limits.

Who Can File a Wrongful Death Claim

Only certain family members can file a wrongful death claim under Tennessee law. The order of priority to file is:

Surviving Spouse: The spouse of the deceased is usually first in line to file a wrongful death claim.
Children of the Deceased: If there is no surviving spouse, the children of the deceased can file the claim.
Parents of the Deceased: If the deceased was a minor or had no spouse or children, the parents can file the claim.
Estate Representative: If none of the above are alive or willing to file the claim, the representative of the deceased’s estate can file the wrongful death claim on behalf of the estate.

Damages in Wrongful Death Claims

There are several types of damages that can be sought in a wrongful death claim. These are both economic and non-economic and punitive in certain cases.

Economic Damages: These are the tangible financial losses resulting from the wrongful death including:
- Funeral and Burial Expenses: The cost of putting the deceased to rest.
- Medical Expenses: Any medical bills incurred prior to the deceased’s passing, such as emergency care, surgeries or hospital stays.
- Lost Financial Support: Compensation for the income the deceased would have provided to their family, including future earnings.
Non-Economic Damages: These damages compensate for the emotional and psychological impact on the surviving family members including:
- Loss of Companionship: The emotional loss felt by a surviving spouse, children or parents.
- Pain and Suffering: Compensation for the emotional anguish and suffering experienced by the surviving family members due to the wrongful death.
- Loss of Parental Guidance: If the deceased was a parent, this damage compensates for the emotional and developmental impact on surviving children.
Punitive Damages: These are awarded in cases where the defendant’s actions were egregious or intentional. Punitive damages are meant to punish the defendant and deter similar behavior in the future.

Statute of Limitations

Tennessee has a strict statute of limitations on wrongful death claims. The claim must be filed within one year of the death. If not filed within that time the surviving family members can be barred from seeking any compensation so it’s crucial to take action quickly.

Comparative Fault

Tennessee is a modified comparative fault state which means if the deceased was partially at fault for the incident that caused their death, the damages awarded to the family will be reduced by the percentage of fault of the deceased. But if the deceased is found to be 50% or more at fault the family can be barred from receiving any damages.

The Process for Wrongful Death Claims

The process for filing a wrongful death claim in Memphis involves several steps, from establishing liability to settlement or litigation. Here’s how it works:

Establishing Liability

To win a wrongful death claim the plaintiff (the family or estate of the deceased) must prove four things:

Duty of Care: The plaintiff must show the defendant owed a legal duty of care to the deceased. For example, drivers owe a duty to drive safely and doctors owe a duty to provide competent care.
Breach of Duty: The plaintiff must show the defendant breached this duty through negligence, recklessness or intentional acts. For example, a driver running a red light or a doctor failing to diagnose a serious illness could be a breach of duty.
Causation: It must be proven the defendant’s breach of duty directly caused the death of the deceased. In other words the accident or incident must be directly related to the wrongful death.
Damages: Finally the plaintiff must show the surviving family members suffered actual damages, whether financial or emotional, as a result of the wrongful death.

Evidence

Proving liability and damages in a wrongful death claim requires a lot of evidence. Some of the key evidence may include:

Medical Records: Documentation of the injuries or illness that led to the death and any medical treatment provided before death.
Accident Reports: In cases involving car accidents or workplace incidents official reports from law enforcement, OSHA or other regulatory bodies will be important in proving fault.
Witness Statements: Statements from people who witnessed the incident will be helpful in what happened.
Expert Testimony: Experts in accident reconstruction, medical care or financial loss may be called to testify about the circumstances of the death and its impact on the family.

Filing the Claim

Once all the evidence is gathered the plaintiff (through their attorney) can file a wrongful death claim. Depending on the complexity of the case this may involve negotiations with the defendant’s insurance company or filing a lawsuit to pursue damages through litigation.

Settlement vs Litigation

Most wrongful death cases are settled where both parties agree to a financial settlement without going to trial. This is usually the best option as it avoids the time, expense and emotional toll of a trial. But if a fair settlement can’t be reached the case may go to court where a judge or jury will decide the outcome based on the evidence.

Legal Representation

Because of the complexity of wrongful death cases having legal representation is crucial. An attorney experienced in wrongful death can guide the family through the process, negotiate with insurance companies and present the case in court if needed.

Memphis, Tennessee Wrongful Death Statistics (2023)

Recent statistics show the frequency and causes of wrongful death cases in Memphis. Here are the stats.

Cases

In 2023 Memphis had 40 reported wrongful death cases. They were all different types of cases. Car accidents, workplace accidents, medical malpractice and product liability cases.

Common Causes of Wrongful Death

The most common causes of wrongful death in Memphis in 2023 were:

Traffic Accidents: 50% of the wrongful death cases were traffic accidents. This included fatal car crashes, truck accidents and motorcycle collisions. Many of these cases were due to reckless driving, speeding, driving under the influence (DUI) or failure to obey traffic signals.
Medical Malpractice: Medical negligence was 25% of the wrongful death cases. This included surgical errors, misdiagnosis, medication errors and delayed treatment.
Workplace Accidents: Workplace accidents were 15% of the wrongful death cases. These were in construction, industrial settings and other high risk occupations. Fatal workplace accidents were often due to machinery malfunctions, falls and exposure to hazardous materials.
Product Liability: Defective products were 10% of the wrongful death cases. Product defects included faulty machinery, dangerous consumer products and medical devices that caused fatal injuries or complications.

Wrongful Death Victims

The demographics of wrongful death victims in Memphis in 2023 show:

Age Groups: Most of the wrongful death victims were between 30-60. This age group is more likely to be involved in workplace accidents and motor vehicle collisions.
Gender: 60% of the wrongful death cases in 2023 were men. More fatal workplace accidents and motor vehicle collisions were male.

Injuries

The most common injuries in wrongful death cases in 2023 were:

Traumatic Injuries: Severe trauma, head injuries, internal bleeding and multiple fractures was common in car accidents and workplace accidents.
Medical Complications: In medical malpractice cases the fatal injuries were often complications from surgeries, infections and misdiagnosed illnesses.

Recent Personal Injury Case

Case: Smith v. XYZ Corporation

Synopsis: This was a high profile wrongful death case involving John Smith, a 45 year old construction worker who died after a fatal accident on a job site. The accident was caused by a malfunctioning crane that collapsed while lifting heavy materials and crushed Smith under the debris. Investigations showed the crane had not been properly maintained and the safety protocols on the site were not followed.

Smith’s family, including his wife and two children, sued XYZ Corporation the construction company that maintained the crane and was responsible for the safety protocols.

Result: The case settled for $6.5 million which included:

Funeral Expenses: Full reimbursement for Smith’s funeral and burial.
Lost Financial Support: Compensation for the income Smith would have earned for his family over his lifetime.
Pain and Suffering: Damages for the family’s emotional pain and suffering.
Punitive Damages: The company’s gross negligence in not maintaining the crane and the workplace safety led to punitive damages to punish XYZ Corporation and to deter them from doing it again in the future.

Conclusion: This case was important not only for the amount of money awarded to Smith’s family but also because it showed the need for stricter safety protocols and regular maintenance of heavy equipment in construction. As a result XYZ Corporation had to change their safety procedures and undergo regular safety audits.

Wrongful Death Lawyers

Filing a wrongful death claim is complicated. Wrongful death lawyers help grieving families get the compensation they deserve.

Case Review and Investigation

Wrongful death lawyers start by reviewing the case facts:

Investigate the Incident: Lawyers gather evidence, interview witnesses and consult with experts to determine liability.
Consult with Experts: Experts such as accident reconstruction specialists, medical professionals and economists may be consulted to determine the full extent of the family’s losses.

Negotiation and Litigation

Most wrongful death cases settle but lawyers are prepared to go to trial if necessary:

Negotiate Settlements: Lawyers negotiate with insurance companies and responsible parties to get a settlement that fully compensates the family for their losses.
Litigation: If a fair settlement can’t be reached lawyers will file a lawsuit and present the case in court to get maximum compensation.

Client Services

In addition to legal representation wrongful death lawyers offer support in managing the emotional and financial impact of losing a loved one. This includes helping families understand their rights, the legal process and making sure their needs are met.

Summary

Wrongful death in Memphis, Tennessee is a tragedy that requires legal accountability and financial compensation. Families who have lost a loved one due to negligence or misconduct face emotional and financial challenges and the legal process is complicated and overwhelming. Knowing the laws for wrongful death claims, recent statistics and significant cases will help the surviving family members get justice.

For wrongful death claims contact Keller Swan. We will help you through this process and get you the compensation and closure you deserve.