When negligence takes a life, the family deserves answers and accountability. Wells & Associates represents surviving families across Memphis and Shelby County with experience and compassion.
Quick Answer
Tennessee wrongful death claims generally must be filed within one year under Tenn. Code Ann. § 28-3-104. Wells & Associates has recovered $2.1 million for a family after a fatal tractor-trailer collision and represents Memphis families in fatal crash, unsafe property, and in-custody death cases on contingency. Call 901-808-0000 for a free, confidential consultation. Past results do not guarantee future outcomes.
No verdict or settlement brings a person back. What a wrongful death case can do is establish the truth about how someone died, hold the responsible party accountable, and protect the family from the financial collapse that often follows a sudden death: lost income, medical bills from final treatment, and funeral costs.
Wells & Associates, PLLC represents surviving spouses, children, and parents across Memphis and Shelby County in fatal crash cases on I-40 and I-240, deaths caused by unsafe property, fatal truck collisions, and deaths in custody at local jails. Managing attorney Murray B. Wells has handled wrongful death litigation in Shelby County Circuit Court and in federal court since 2002, including a $2.1 million recovery for a family after a fatal tractor-trailer collision.
Many fatal injury victims in this region are treated in their final hours at Regional One Health, the Memphis area's Level I trauma center. The medical records from that treatment become part of the case, and obtaining and interpreting them quickly is one of the first things the firm does.
Tennessee law generally gives the surviving spouse the first right to pursue the claim, followed by children or next of kin. The recovery can include the medical and funeral expenses, the earnings the person would have provided, and the loss of the person's love, society, and companionship. Every wrongful death case is handled on contingency: the family pays nothing unless the firm recovers.
Wrongful death claims arising from personal injury are generally subject to Tennessee's one-year statute of limitations, Tenn. Code Ann. § 28-3-104. A grieving family understandably needs time, but the legal clock does not pause. Contacting a lawyer early preserves both the claim and the evidence.
Tennessee's modified comparative fault rule, with its 50 percent bar, applies in wrongful death cases. If the person who died is found 50 percent or more at fault, recovery is barred, and any lesser share of fault reduces the award. Defendants and insurers use this rule aggressively, especially in fatal crash cases where the victim cannot tell their side.
Memphis wrongful death suits are typically filed in the Shelby County Circuit Court. Deaths in custody and deaths caused by government actors can also support federal civil rights claims under 42 U.S.C. § 1983, filed in the U.S. District Court for the Western District of Tennessee.
Memphis is one of the busiest freight corridors in America, and fatal collisions on I-40 and I-240 are tragically common. The firm's $2.1 million tractor-trailer recovery came from exactly this kind of case: fast evidence preservation, trucking records, and accident reconstruction.
Murray Wells currently represents families in Shelby County Jail wrongful death litigation involving inadequate medical care in custody. These cases combine Tennessee wrongful death law with federal civil rights claims. See our civil rights practice for more.
Deaths caused by dangerous property conditions or defective products are pursued under Tennessee premises liability and product liability law. See the firm's premises liability and product liability pages.
Tractor-Trailer Wrongful Death
Recovery for family after fatal tractor trailer collision in Tennessee.
Past results do not guarantee future outcomes. Each case is unique.
We take wrongful death cases on contingency. You pay nothing upfront and nothing at all if we do not win. We advance all costs and fees, so you can focus on recovery while we handle the legal fight.
Get Your Free Case Review →Generally one year, under Tenn. Code Ann. § 28-3-104, one of the shortest deadlines in the country. The exact accrual date can depend on the facts, so families should speak with an attorney as early as possible. Wells & Associates offers free, confidential consultations at 901-808-0000.
Tennessee law generally gives the surviving spouse the first right to bring the claim. If there is no surviving spouse, the right typically passes to the children or next of kin, or to the personal representative of the estate. An attorney can sort out who holds the right in your family's situation.
Recoverable damages generally include medical expenses from the final injury, funeral and burial costs, the earnings the person would have provided over their lifetime, and the loss of the person's love, society, and companionship. The right measure depends heavily on the facts of each case.
Nothing upfront. Wrongful death cases are handled on contingency: Wells & Associates advances all case costs, and the family owes no attorney fee unless the firm recovers compensation. The consultation is free.
Possibly yes. Deaths in custody caused by inadequate medical care or misconduct can support both Tennessee wrongful death claims and federal civil rights claims under 42 U.S.C. § 1983. Murray Wells currently represents families in Shelby County Jail wrongful death litigation. Call 901-808-0000 for a confidential review.
Under Tennessee's modified comparative fault rule, the family can still recover if the deceased was less than 50 percent at fault, with the recovery reduced by that percentage. At 50 percent or more, recovery is barred. Fault allocation is fought hard in fatal cases, which makes early investigation critical.
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901-808-0000