Wrongful Death Lawyer Memphis, TN

If your loved one died due to someone else’s negligence, consider talking to a wrongful death lawyer Memphis, TN respects. You may be entitled to compensation for your grief and suffering. Although you can file a wrongful death lawsuit by yourself, working with an experienced attorney may increase your chances of getting fair compensation. When one tries to resolve a situation by themself, regarding a loved one dying due to the negligence of an individual, they are often met with a roadblock on how to proceed.  However, in difficult situations, this is where professional help comes in.  The lawyers at Patterson Bray work to help our clients obtain the compensation they deserve.

Meet Patterson Bray: A Wrongful Death Lawyer Memphis, TN Families Rely On

As a Memphis wrongful death lawyer, Patterson Bray is the kind of law firm you can count on. For decades we have been representing clients from a diverse range of backgrounds and legal matters. Rated 10/10 on AVVO and 5/5 by the prestigious Martindale Hubbell, we have built our firm on a multitude of successful cases. Having won millions of dollars, our lawyers have been able to give closure to friends and families who tragically lost a loved one due to another party’s negligence.

When you need a wrongful death lawyer Memphis, TN families should consider Patterson Bray. As soon as you call us for a complimentary consultation, we may ask you about your particular situation and let you know what legal options might be available to you. The integrity of our lawyers will be immediately noticeable as will be their support, compassion, and transparency. We understand how sensitive these claims can be and will do our utmost to make this process as easy as possible.

Why People Like Patterson Bray

A wrongful death lawyer Memphis, TN provides, such as Patterson Bray, should be able to offer you a pleasant experience. People throughout Tennessee come to our firm because they know we can be with them each step of the way. When you choose us, you can benefit from things like:

• Frequent communication and updates about your claim;
• Ongoing legal and emotional support; and
• Honest answers to your questions or concerns.

We also have a Rolodex of valuable expert witnesses including medical doctors, forensic analysts, researchers, private investigators, and so forth. Furthermore, you can feel peace of mind knowing that if we are unable to come to a resolution with the negligent party (and their insurance), we can be ready to go to trial. Regardless of what happened, our lawyers can fight for the maximum compensation that may cover losses such as:

• Medical bills prior to the death occurring;
• Funeral costs;
• Lost companionship;
• Emotional trauma;
• Lost wages; and
• Punitive damages when applicable.

A wrongful death lawyer Memphis, TN respects can explain what damages may be available to you during a free consultation. Moreover, something that is also important to consider, is that variables related to emotional trauma, wages, and more, depend on the negligence incident that occured.  For example, while emotional trauma would be applicable in any negligence case, funeral medical bills and wages, would depend on the severity of the situation. For example; if a brother ended up dying at the hands of a drunk driver, while he was out taking the family car, wages would focus on not just the emotional trauma, but also the damage to the family car as well. Call our firm today to speak to one of our lawyers. Keep in mind that there are statutes of limitations in wrongful death claims. These time limits vary by state and may depend on who was involved in the accident. Because such cases take time to build, it is advisable to contact a wrongful death lawyer Memphis, TN has to offer as soon as possible. This can assure your claim is looked after as well as possible.

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.

Types of Compensation

When a Memphis loved one dies due to another’s negligence, you may feel like you have nowhere to turn. Different expenses can mount quickly, leaving you to struggle with grief and debt. Speaking with a wrongful death lawyer in Memphis, TN, can help you understand how to file a lawsuit and which types of compensation you can request based on your individual case. 

Funeral Costs 

The unexpected death of your loved one can generate a great deal of debt, especially when it comes to funerary and burial costs. The average cost of a funeral in Tennessee may eclipse $7,000, along with other end-of-life expenses. You can ask your attorney if you can include the total cost of these expenses in your lawsuit and provide him or her with receipts related to cremation, burial and internment. 

Lost Wages 

If your loved one was the main breadwinner for your family, a wrongful death lawyer in Memphis, TN, can help you calculate the amount of any future lost wages the deceased may have earned had the negligent act not occurred. The state does not cap these losses, so it is important that you provide your attorney with accurate and current information regarding your loved one’s wages. 

Emotional Pain 

The unexpected loss of a spouse or companion causes a great deal of emotional pain, particularly if the accident that took his or her life was especially traumatic. Assigning a dollar amount to this type of pain is not easy; however, your attorney may be able to include the cost of therapy, counseling and other mental health costs in your lawsuit. 

If the act that caused your loved one’s death was especially negligent, you can request punitive damages along with any emotional pain and suffering. For example, if the defendant purposefully and knowingly got behind the wheel of a car after drinking and caused an accident that killed your loved one, this could be considered extremely negligent and entitle you to punitive damages. 

Medical Bills 

If your family member did not pass at the scene of the accident and spent time in the hospital before passing, the resulting medical bills may total in the thousands of dollars. You can add the cost of medical care to your lawsuit, including any emergency surgery, medications and other procedures. Track these costs carefully so your wrongful death lawyer in Memphis, TN, can calculate the value of your case with accuracy. 

The unexpected loss of a loved one due to someone else’s negligence can overwhelm you both emotionally and financially, but help is available. Contact an attorney today for further information and assistance. 

Memphis Wrongful Death Law Infographic

Common Myths About Wrongful Death Cases

Losing a family member to someone else’s negligence can be absolutely devastating. While nothing can bring your loved one back, you may pursue compensation for your financial losses through a wrongful death claim. Here are some common myths about wrongful death cases that you shouldn’t believe.

• There is no time limit to file a wrongful death claim. This is one of the most damaging myths about wrongful death claims. The truth is that you don’t have all the time in the world to bring a claim against the negligent party. In Tennessee, you only have one year from the date of death to file a claim. After that deadline has passed, your family will no longer be eligible to receive compensation. Therefore, you should consult a wrongful death lawyer in Memphis, TN as soon as possible.
• People who file wrongful death claims just want money. It is true that family members of wrongful death victims seek financial compensation. After all, the costs of medical bills, funeral and burial expenses and other losses can be very high. However, that’s not all they’re after. A wrongful death claim also holds negligent parties accountable for their actions.
• If the deceased has life insurance, filing a wrongful death claim isn’t necessary. Life insurance policies are always a good thing to have. They financially protect family members if someone dies suddenly. However, a life insurance settlement still might not be enough to cover all the financial losses that resulted from the wrongful death. That is why it is still in your best interest to file a wrongful death claim.
• If the death was an accident, you can’t file a wrongful death claim. Some people assume that you need to show intent in a wrongful death claim. This isn’t true. Even if the at-fault party didn’t act intentionally, the family of the deceased can still sue for damages. For example, if your family member was killed by a drunk driver, you may file a wrongful death claim.
• You don’t need to hire a lawyer. Although you are required to hire a wrongful death lawyer, it’s in your best interest to do so. Wrongful death cases can involve many complexities, so it pays to have someone knowledgeable and experienced on your side. Additionally, your lawyer will handle all the legwork so that you can properly grieve.

Wrongful Death FAQs

At Patterson Bray, we frequently receive calls pertaining to accidents that involve wrongful death. Many calls are from family members or close friends who do not understand how these claims work. The following are some of the most frequent questions about a wrongful death claim. Due to the complexity and uniqueness of each case, it may be in your best interest to speak directly with a wrongful death lawyer in Memphis, TN.

What Is a Wrongful Death Claim?

A wrongful death claim is a lawsuit that is filed when a person’s death is caused by another party’s negligence. These claims can involve several types of accidents, including medical malpractice and vehicle accidents. If another party is found legally at fault for a person’s death, they may be required to pay the victim’s family for the damages. Moreover, while vehicle accidents are the most common, it is important to also go into detail about medical malpractice.  This is defined as an individual suffering severely (sometimes even resulting in death), due to the poor practices of a nurse. For example; let’s say that an individual gets open heart surgery.  However, some of those that are doing the operation, are not as experienced as they could be, with such a serious procedure. As such, the open heart surgery appears to go well, but due to unforeseen complications, the man who got the surgery, ends up dying shortly after.  This is an example of negligence.   

Who Can Be Sued in a Wrongful Death Claim?

A wrongful death lawyer in Memphis, TN may file a lawsuit against many types of people, companies, and government agencies. For example, if your loved one was killed by a drunk driver, a wrongful death lawyer Memphis, TN trusts may file a wrongful death action against the driver, the driver’s insurance company, and the person or company that served alcohol to the driver.

When Must a Wrongful Death Claim Be Filed?

The statute of limitations to file a wrongful death claim depends on the state that you live in. It may not be wise to wait too long to have a wrongful death lawyer Memphis, Tennessee relies on to file your claim. You deserve compensation for the pain you have gone through, and waiting too long may negatively affect your chances of getting the settlement you deserve.

How Can a Wrongful Death Lawyer Help You?

When you are mourning the death of a loved one, you likely aren’t thinking clearly and may have difficulty handling the case on your own. That’s why hiring an experienced Memphis TN wrongful death lawyer may be so beneficial. While you take time to grieve your family member’s death, a wrongful death lawyer Memphis, TN offers may locate witnesses and records that provide proof that your loved one’s death was due to someone else’s negligence. What a lawyer understands, is how serious grief is and how one needs time to mourn the loss of a loved one.  As such, they ensure that while one is grieving, lawyers can take care of the negligence needs. This is so that when one is thinking more clearly after the sudden death of a loved one, they can have the negligence case resolved, in an efficient manner.   

A qualified wrongful death lawyer may also help you fill out the paperwork required to file a lawsuit. Preparing these documents can be quite complicated, and making one mistake may hurt your chances of getting your claim approved. If you have a lawyer to take care of all the paperwork, you may avoid errors, and file the documents in a timely manner.

Can you explain just what is a wrongful death claim?

Wrongful death is defined as the loss of life by someone else because of their misconduct, negligence, or wrongful act. The lawsuit is filed to pay damages to family members who were financially and emotionally supported by the deceased. It is also to recover expenses incurred because of the death including, funeral expenses, medical expenses, and lost wages. Examples of reasons for wrongful death lawsuits include:

• Automobile accidents
• Murder
• Assault
• Medical Malpractice
• Drowning
• Motorcycle accidents
• Fire Accidents
• Premises liability
• Negligence in a nursing home or assisted care facility
• Animal bites

What is the statute of limitations to file a wrongful death lawsuit?

The time you have to file a claim for wrongful death varies from state to state, but generally, the time is two years from the date of the death. Your wrongful death lawyer in Memphis, TN will be aware of all the state-specific regulations concerning a wrongful death lawsuit.

Can Anyone File a Wrongful Death Lawsuit?

It is the estate of the deceased who files the wrongful death lawsuit. A representative for the estate is selected, usually a spouse, child, or parent. If the deceased had a will, the court may appoint the executor of the will to represent the estate.

What kind of damages can be awarded in a successful wrongful death lawsuit?

There are two categories of damages a wrongful death lawyer Memphis, TN trusts will pursue in a wrongful death lawsuit. The first allows the estate to recover damages that happen from the time of the negligent act until the victim dies. Damages may include:

• Reimbursement for medical expenses
• Reimbursement for funeral and burial expenses
• Pain and Suffering the victim endured
• Wages lost by the deceased

The second category is damages awarded to family members who were affected financially and emotionally by the death of their loved one. These include:

• Future lost wages based on how many years the deceased would have been able to work until retirement
• Compensation to minor children through the age of 18 and through college if the deceased had planned on the children continuing their education
• Compensation for the widow until the age of retirement
• Loss of consortium, meaning the loss of the deceased companionship and love.
• If the victim was a minor, the parents can recover damages for emotional trauma

Choose a wrongful death lawyer in Memphis, TN that you feel will have your family’s best interests at heart. The attorneys at Patterson Bray will work with you to create the most sound case possible for your wrongful death claim.

Can I sue for wrongful death if I lost a loved one in a plane crash?

Patterson Bray’s wrongful death lawyer assists those in the Memphis community who have lost a family member in a plane crash and who are interested in getting justice for their loved one. Pursuing a lawsuit against the liable parties responsible for the fatal crash may result in a large settlement. A settlement can pay for funeral and burial costs, and provide the dependent heirs with the income the deceased can no longer earn. When children are left behind, this is especially important as it can make it possible for them to pay for college tuition and other costs. If your family lost a loved one in a plane crash, contact us at Patterson Bray to speak with our wrongful death lawyer in Memphis about your circumstances. We offer grieving families a complimentary consultation so that we can determine if our law firm is a good fit for your situation. We are committed to protecting the rights of our fellow community members and a successful wrongful death lawsuit can send the message that negligence is not acceptable when it puts lives at stake.

What is the responsibility of commercial airline companies toward their customers?

Commercial airlines and charter companies have the legal, ethical, and moral responsibility to provide the highest level of care to their customers and passengers when they are transported on their aircraft. Safety for their passengers should be their priority. Our wrongful death lawyer in Memphis will consider every aspect of the crash in determining what went wrong, and how the crash could have and should have been avoided. 

What parties might be held responsible for the plane crash and the fatality of our loved one?

Not only does the airline have the responsibility to keep their operations safe, but the manufacturer of the aircraft also does as well. In addition, the aircraft maintenance facility does as well, along with any other company that has meaningful contact with the operation of the plane. An air traffic controller may have been negligent. It could have been the pilot who erred. In fact, there may be more than one party that should share responsibility for what went wrong. Our wrongful death lawyer in Memphis has the experience necessary to handle multi-party lawsuits should the truth reveal that more than one party is liable for your family’s damages.

What if there were no surviving witnesses of the plane crash—how does that affect our case?

In today’s high-tech world, there are several methods for determining how and why a plane suffers a catastrophic incident. Most commercial planes of some size carry cockpit voice recorders and a device that automatically records the movements of a plane right up to the moment it crashes. Radar information can also be retrieved as well as communications with the control tower last contacted by the crew. Your wrongful death lawyer in Memphis may hire a forensic plane crash investigator who can analyze all of this information along with other data in order to paint an accurate picture of what went wrong and who should be held responsible.

Should I file a legal claim or try workers’ compensation? 

Typically, if a person is injured while working, they would probably file a workers’ compensation claim to get compensated for the injuries that happened while they were on the job. It is possible to receive workers’ compensation benefits if you are a family member whose loved one died in this manner.

What happens if I file a workers’ compensation claim? 

If you choose to file a workers’ compensation claim, you may get:

• ⅔ of your loved one’s earnings if there are also children involved, or if it is just you, 50% of your loved one’s earnings. 
• Your loved one’s medical expenses covered that were related to their injury and passing
• Money o help cover the cost of your loved one’s burial

What if I want to file a wrongful death lawsuit? 

If you are interested in pursuing a wrongful death lawsuit instead of filing a workers’ compensation claim, you may be able to get more compensation aside from the economic damages. It is possible to also receive compensation for:

• Pain and suffering
• Loss of companionship
• Loss of enjoyment of life
• PTSD

If you would prefer to file a wrongful death lawsuit, you will have the burden of proving that negligence was involved in your loved one’s death. With workers’ compensation, you are not required to show that negligence is involved in order to get compensation. 

Deciding which avenue to pursue is not always easy. However, if you confidently believe that someone’s negligence at your loved one’s workplace caused them to become injured and pass away, then you should speak with a lawyer who is willing to fight on your behalf. Call our office to see how we can help you with your wrongful death lawsuit.  

What qualifies as a wrongful death case? 

A wrongful death is when an individual dies as a result of another person’s actions. If the death was caused by deliberate or negligent actions, the family of the deceased individual can file a wrongful death lawsuit against the at-fault party. The family may be able to recover compensation to cover the expenses brought on as a result of their loved one’s death. It is important to consult with a lawyer who has experience advocating for the families of deceased individuals to discover what your legal options are. 

What damages can I claim? 

There are similar damages awarded for both wrongful death cases and personal injury cases. However, for wrongful death cases claimants can also receive damages such as funeral costs, loss of companionship, medical expenses for the deceased, and others. Damages can be difficult to calculate, so if you need assistance, talk to a lawyer so that they can conduct accurate calculations. 

What are common types of wrongful death cases? 

A lawyer handles many types of wrongful death cases. It is a broad legal area that involves fatalities as a result of scenarios such as workplace accidents, medical malpractice, construction accidents, vehicle collisions and much more. Such fatal accidents are often the result of intentional or negligent acts. To see if your case qualifies as a wrongful death lawsuit, it is best to obtain urgent legal advice. 

Who can file a wrongful death case?

There are limitations to who is eligible to file a wrongful death lawsuit. In many states, the spouse, parent or child of a deceased individual can file a lawsuit. However, some exceptions apply which may allow other surviving relatives to take legal action. A lawyer can evaluate the circumstances of your situation and inform you if you are able to file a lawsuit.  

How long do I have to file a case? 

Claimants do not have much time to file a wrongful death lawsuit. In Tennessee, the statute of limitations is only one year. Because of this short time period, it is recommended that you explore your legal options as early as possible if you are thinking of filing a wrongful death lawsuit. 

Do I need to hire a lawyer? 

It is recommended to hire a wrongful death lawyer because wrongful death cases are often challenging and complex. They can involve multiple parties, and preparing a case can be difficult for the average person to handle. A lawyer is familiar with the legal system and understands the strategies that will increase your chances of obtaining the outcome that you want. 

7 Things To Bring With You to Your Appointment With a Wrongful Death Lawyer

When a loved one dies because of the negligence or willful act of a person or entity, it is called a wrongful death. As such, you can file a claim against the appropriate parties for financial compensation. While no amount of money will make up for your loss, you may feel a measure of satisfaction that the person or organization has been made to pay for what they did. Here are seven things to bring with you with your first meeting with a wrongful death lawyer in Memphis, TN such as Patterson Bray.

1. Medical Records

Bring any and all medical records for your deceased loved one, including doctors’ notes, copies of charts, and medical bills. These will help your wrongful death lawyer in Memphis, TN see the medical costs associated with your wrongful death claim.

2. Eyewitness Accounts and Police Records

Witness accounts and police records will give your wrongful death attorney a good picture of exactly what happened to your loved one. 

3. Photos or Black Box Recordings

If you have access to photos of the scene of your loved one’s injuries or death, or to the black box recording of the car or plane your spouse or parent was in, bring them to your appointment with a wrongful death attorney. These records can help piece together the events that lead up to your relative’s passing. 

4. Financial and Work Records

Be sure to bring records of lost work and lost wages to your appointment with a wrongful death lawyer in Memphis, TN such as Patterson Bray. These records will help your attorney determine the monetary value of the life that was lost.

5. Insurance Paperwork

Insurance paperwork may include insurance policies, any insurance claims you may have made and any correspondence from insurance companies.

6. Funeral Expenses

The costs of burying your loved one may be able to be recouped in a wrongful death case. Caskets, burial costs, funeral home charges and church donations can all be included in this category.

7. Records of Damaged or Destroyed Property

In some cases, you may be eligible to receive compensation for the loss of property in the incident in which your spouse or parent died. 

Putting a monetary value on the loss of a loved one may feel strange, but a wrongful death lawyer in Memphis, TN can help you do just that, to ensure that whoever took your spouse or parent from you pays for what they’ve done.

Speaking with Insurance Company Representatives

If you have lost a loved one due to another’s reckless, negligent, or intentionally harmful actions or inactions, it is important to speak with a wrongful death lawyer Memphis, TN residents trust—and to do so (ideally) before you speak with any insurance representatives about your situation. This guidance applies whether you are in a position to speak with auto insurance, medical insurance, or even workers’ compensation insurance representatives. Why? Insurance companies are for-profit enterprises and, as such, they try to protect their profits when they can. If an insurance representative is in a position to devalue or reject your claim, chances are that they will do so.

Working with an experienced Memphis, TN wrongful death lawyer will better ensure that all communications with insurance representatives concerning your case are handled in ways that will not unintentionally compromise its value. Our firm has extensive experience dealing with all kinds of insurance companies and we know what to say—and how to say it—in ways that promote the overall value of a case. Don’t leave yourself vulnerable to the tactics of insurance representatives and the stresses of navigating the insurance claims process. Allow us to speak on behalf of your interests and to efficiently pursue the maximum amount of compensation that you are entitled to under the circumstances.

Considering a Wrongful Death Settlement Offer

If you have already been offered a wrongful death settlement by anyone involved in your loved one’s fatally injurious circumstances, it is critically important that you have a reputable Memphis, TN wrongful death lawyer review this document before you accept or reject it. Many surviving loved ones are unaware that accepting the terms of a settlement offer can result in a bar on seeking any additional compensation—even if that compensation is rightfully owed. Additionally, it can be difficult to discern whether a settlement offer is properly valued and fairly extended if an attorney does not review the papers associated with the offer.

If you have been extended a settlement offer recently, connect with our office as soon as you possibly can. You may only have days to accept or reject the offer and our team will need time to review the document and related circumstances before we can provide you with objective guidance concerning the offer in question.

The Time-Sensitive Nature of Exploring Your Legal Options

If you have recently lost a loved one as a result of another’s actions or inactions, you may be—very understandably—so overwhelmed by both grief and the practical consequences of your loss that exploring your legal options may be a low priority at this time. If your loss occurred very recently, you may have some months before you need to make a decision under the statute of limitations relevant to your circumstances. However, it is important to schedule a risk-free consultation with the experienced Tennessee team at Patterson Bray PLLC as soon as you can for two reasons. First, speaking with us now can allow us to preserve potentially critical evidence on your behalf before it becomes compromised. This will allow you to preserve your legal options for the future. Second, consulting with us now will allow you time to think about your options in an informed way so that you can execute whichever option is right for you when you’re ready to act. We look forward to speaking with you.

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.

Choosing the Right Wrongful Death Lawyer

There are many wrongful death lawyers out there, so choosing the right one can be tricky. Here are a few tips for hiring a lawyer to handle your loved one’s estate:

• Ask about his or her experience with wrongful death claims. Ideally, you may want to work with a lawyer who has handled cases similar to yours in the past.
• Find out how much time he or she can devote to your wrongful death lawsuit. If a lawyer has a big caseload, he or she may not be able to put enough focus on your case.
• Ask about fees. Some wrongful death lawyers work on a contingency basis, while others charge an hourly rate. Before hiring a lawyer, make sure his or her fees align with your budget.

You and your family deserve justice for your loved one’s wrongful death. If you are looking for an experienced wrongful death lawyer Memphis, TN respects to assist you with your case, contact Patterson Bray at (901) 372-5003.