The pain from losing a loved one can be unbearable. While we can never replace your loss, we can help you get the compensation you deserve. Our law firm will reconstruct the value of your loved one and make those responsible pay dearly. Don’t let your loved one's memory fade and don’t go on without being compensated for their value. Our law firm can help you with your wrongful death case.
Our wrongful death attorneys help people who've lost loved ones in auto accidents, truck accidents, motorcycle accidents, or due to medical malpractice. The death of a loved one is never easy, and no amount of money can make up for your loss. However, when their death is caused by the negligent, reckless, or intentional conduct of another, it is even more difficult to accept.
Wrongful death cases are complex, and can be emotionally exhausting and financially draining. Our wrongful death attorneys can answer all of your questions, investigate your case, and fight to get justice for your loss. You are entitled to compensation for a variety of emotional and financial losses, such as:
• Emotional suffering
• Loss of decedent's earnings
• Loss of love, care, and companionship
• Burial and expenses
• Children's loss of guidance and supervision
• Present and future financial losses
• Medical expenses
If you have lost a loved one in a wrongful death accident, contact the experienced Memphis personal injury attorneys at Balestrini, Barnes, Jaber & Wood, PLLC today. We handle wrongful death cases in Memphis, Shelby County, and throughout the State of Tennessee. Our wrongful death attorneys will take over the investigation of your case so you can concentrate on the difficult grieving process. We do everything we can to settle your case out of court when possible, but we prepare each wrongful death case for trial. Our Memphis wrongful death attorneys know how best to present your case to the jury in order to maximize your recovery.
Typically, wrongful death suits involve vehicular accidents (aviation, automobile, ATV, motorcycle, or railroad), defective products, medical malpractice, pharmaceutical liability, and a number of other situations. The common element in most tort actions is negligence, which is characterized by inattention, thoughtlessness, inadvertence, and mistakes. Negligence must be proven in wrongful death cases and the Memphis wrongful death attorneys at Balestrini, Barnes, Jaber & Wood, PLLC are skilled in helping clients prove that the four critical components of negligence exist in their claim:
• The defendant had a duty to the deceased
• The defendant failed in that duty (breach of duty)
• That the fatality was caused by the defendant’s breach of duty; and
• That the survivors are entitled to damages as a result of the loss of their loved one
In addition to establishing negligence, the joint life expectancy of the deceased and the survivor or beneficiary must be presented (to establish the loss of future earnings), and the relationship of the survivor and deceased must also be shown. Finally, effective presentation of the non-economical or emotional loss suffered by the survivor is critical to a fair award of damages.
What is wrongful death?
Wrongful death is essentially a suit brought where another’s negligence or intentional action has caused a death. If a deceased has passed because of the negligent or intentional actions of another, that person can be sued for wrongful death.
Who can sue for wrongful death?
Generally, the decedent’s next-of-kin must bring the law suit. However, if the decedent had children, the other parent of those children may bring the suit on behalf of their children on behalf of the decedent.
How are damages calculated for wrongful death?
Many circumstances contribute to the damages in a wrongful death action. First, and usually most important, a value must be placed on the decedent’s life. This value is determined by several factors: education, employment, aspirations, and reputation to name a few. Also included in damages is if there was any pain and suffering prior to the death. If so, that damage amount survives the death and a value may be placed on that pain and suffering experienced prior to death.
Who can be sued for wrongful death?
Of course, the individual responsible for the negligent or intentional act can be sued. Often, other parties may also be sued. If the act occurred in the hospital, it is possible that they have undertaken some action to contribute to failed to prevent such actions. If the death occurred on the premises of a business, it is possible that that business has failed to undertake the necessary precautions to prevent such actions.
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Balestrini, Barnes, Jaber & Wood, PLLC
1555 Madison Ave, Ste 202
Memphis, TN 38104
(901) 578-1515 P
(901) 578-2929 F