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At NST Law, we are dedicated to helping injured individuals and their families get the justice and compensation they deserve.
Mr. Trotz has handled personal injury cases involving car accidents, trucking accidents, slip and fall, premises liability, and negligent security. Each and every day, Mr. Trotz represents those who have been injured through no fault of their own, and many of his clients have sustained traumatic, catastrophic and life-altering injuries.
In Tennessee, a deceased’s family or estate can file a wrongful death lawsuit if their loved one died due to another person’s intentional or accidental actions. These state laws treat wrongful death claims as a particular type of personal injury case, where the injured individual can no longer bring their claim to court.
If negligence results in the death of another individual, the liable party is not in the clear because the deceased individual cannot file an injury lawsuit themselves. In these situations, you can bring a wrongful death claim against the person liable for the death of your loved one. At NST Law, our Memphis personal injury lawyers can help you, as the close relative of the deceased, bring a civil claim for recovery if your loved one has died due to negligence by another person. Call us to schedule your free consultation at our main injury law office in Memphis or at our Whitehaven injury law office.
At NST Law, we have years of experience handling wrongful death claims, and we know what it takes to get you the most favorable outcome possible. Our firm has won over $2 billion on our clients’ behalf through settlement negotiations and jury verdicts, including the following recent wrongful death judgments:
When you work with NST Law on your wrongful death claim, our legal team can help you recover the damages your family deserves after the death of your loved one. To ensure the best outcome possible, we:
If your family lost a loved one because of the wrongful actions of another party in Memphis, do not wait any longer to get the legal help you need. Contact NST Law today for free case consultation and let our skilled lawyers show you how we can fight for the justice and financial recovery to which you are entitled.
According to Tennessee law, the representative filing the wrongful death claim, usually the next of kin or the executor, files the suit on behalf of the survivors who have suffered because of the death. These survivors often include the following:
Even though no amount of money can make up for the loss of your loved one, you still deserve compensation to start rebuilding your life and pay for all the expenses related to your family member’s death. Working with an experienced Memphis wrongful death attorney can help you take on this challenging legal battle and go after the damages you need.
Generally, in Tennessee, filing a wrongful death case is similar to filing a personal injury lawsuit as the deceased would have had they survived the accident. As a result, the suit will have to be filed with the appropriate court and give proper notice to the party you are suing. Once the other party receives the notice, they will have an opportunity to respond, and the court will set a hearing date.
However, when you file a wrongful death claim, you must prove liability in the same way the deceased would have if they survived the wrongful act. In many of these accidents, this means that you would need to confirm that the other party was negligent, and this negligence resulted in your family member’s death.
There are generally four elements that need to be established when trying to prove negligence. They include the following:
The statute of limitations is a law that mandates the maximum amount of time a person has to file a lawsuit following an alleged offense. If these individuals do not file this claim within that allotted time, they can be barred from collecting compensation for their injuries and losses.
In Tennessee, the statute of limitations to file a wrongful death lawsuit is one year from the date of an accident or person’s death, depending on the facts. However, there may be exceptions to this rule in some cases that can extend this filing period. For instance, the statute of limitations may be extended to two years if there are criminal charges against the person responsible for the wrongful death, such as in the case of a hit-and-run or a deadly drunk driving crash.
However, because this is still a relatively short time frame to file a legal case, it is in your best interest to speak to a wrongful death attorney as soon as possible after a wrongful death accident. Your lawyer can not only determine precisely how much time you have to file your case, but they can also ensure that your legal motions and documents are filed before time runs out.
If you are successful in a wrongful death lawsuit, the court may award you certain damages. Depending on the circumstances of the incident, in Tennessee, these damages often include the following:
According to statistics from the Centers for Disease Control and Prevention (CDC), accidents are the fourth leading cause of death among Tennessee residents. Additionally, according to the Tennessee Department of Transportation, the number of fatal car accidents has increased 11.9% from 2020. Although these fatal accidents can occur for many reasons, in Tennessee, they are generally the result of:
Contact us for a free consultation now so that we can review your case and decide how we can best help you.
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