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A close review may be necessary when determining negligence in Memphis wrongful death claims. That review can reconstruct how the fatal event occurred while examining whether someone owed your loved one a duty of care and whether a breach of that duty caused the death. When you are grieving, dealing with records or insurers can add another burden. A wrongful death attorney could investigate the circumstances and explain the legal options available to your family.
At Gatti, Keltner, Bienvenu & Montesi, we represent families facing wrongful death claims arising from negligent conduct. Our firm has handled these cases for decades. We identify evidence that may establish liability while helping you understand what state law requires.
A wrongful death action generally requires proof of four elements: a legal duty, a breach of that duty, causation, and damages. Tennessee Code Annotated § 20-5-106 provides that a cause of action survives when a person dies from injuries caused by another person’s wrongful act or omission.
In a Memphis wrongful death case, the proof needed to establish negligence depends on how the death occurred. In a vehicle crash, the following types of evidence may help establish what happened and whether reasonable care was used:
After a fatal incident, this evidence can help show whether careless conduct played a role in causing the death. We also work to preserve important records and other information before they are lost, deleted, or overwritten.
The state’s modified comparative fault system can affect how much compensation is available when responsibility is shared. Responsibility in a Memphis wrongful death case can be harder to assess when several people or companies are involved, particularly when each may have acted negligently in a different way. If the deceased person is assigned some fault, the amount recoverable may be reduced by that percentage. Recovery is generally unavailable when the deceased person is assigned 50 percent or more of the fault.
Responsibility may extend to more than one person or company. The evidence can show that some played a greater role than others, which may affect the division of fault. Our team examines the conduct of everyone involved and assesses the facts that may influence each share of responsibility.
Liability is only one part of a wrongful death action. Tenn. Code Ann. § 20-5-113 allows recovery for certain losses connected to the deceased person’s injuries and for losses suffered by statutory beneficiaries. Depending on the circumstances, damages may include:
Families must also pay attention to filing requirements and deadlines. Shelby County Circuit Court hears wrongful death and other civil personal injury matters, and Tenn. Code Ann. § 28-3-104 generally provides a one-year limitations period for injury-based actions, although the applicable deadline can vary based on the facts. Addressing negligence early can help preserve the ability to pursue the damages available in a Memphis wrongful death action.
Careful review of the evidence can show how state fault rules apply when determining negligence in Memphis wrongful death claims. That review can also connect the conduct at issue to the losses your family may be entitled to pursue.
Gatti, Keltner, Bienvenu & Montesi could review the circumstances surrounding your loved one’s death and help you understand the legal path forward. Contact us for a free consultation to discuss the options available to your family.
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