Losing a loved one is always an incredibly difficult experience, and it can be even more compounded when that loss is due to the negligence or intentional actions of another person. Pursuing a wrongful death lawsuit in Mississippi is one way that you can seek justice and hold those responsible accountable for their actions. If you are considering pursuing a wrongful death lawsuit in Mississippi, here are some steps to consider.
Determine If You Have a Case
Before you pursue a wrongful death lawsuit, it’s crucial to determine whether you have a case. In Mississippi, a wrongful death occurs if somebody’s passing is caused by the wrongful act or neglect of another person. To have a case, it’s important that you can prove that the defendant’s actions directly caused the death of your loved one.
It’s also important to note that Mississippi has a statute of limitations on wrongful death lawsuits. You must file the lawsuit within three years from the date of the death.
Hire an Experienced Attorney
If you believe that you have a wrongful death case, the next step is to hire an experienced attorney who specializes in this kind of lawsuit. At DHL Attorneys in Mississippi, we are experienced in handling cases like yours, with a track record of success.
We can help you gather important evidence such as medical records and witness statements to build and support your case. We’ll also negotiate on your behalf with the defendant’s insurance company and represent you in court if necessary.
Determine Who Can File the Lawsuit
In Mississippi, only certain family members are permitted to file a wrongful death lawsuit. These are:
- The surviving spouse or children of the deceased
- The surviving parents or siblings of the deceased if there is no surviving spouse or children
- The personal representative of the deceased’s estate
The court will appoint a personal representative to file the lawsuit if the surviving family members cannot reach an agreement regarding who should file.
Calculate Damages
In a wrongful death lawsuit, damages can include both economic and non-economic damages. Economic damages include things like lost income and medical expenses, while non-economic damages include things like loss of companionship and pain and suffering. At DHL Attorneys in Jackson and Tupelo, Mississippi, we can help you calculate damages and determine an appropriate amount of compensation to seek for them.
Gather Evidence
You will need to gather as much evidence as possible to support your claims and build a strong case. Evidence can include a range of things like medical records, witness statements, and expert testimonies.
Negotiate
In some cases, you may be offered a settlement figure by the defendant’s insurance company before the case goes to court. If your attorney can successfully negotiate a figure that you are satisfied with, the case ends here. Otherwise, your case may go to court if a settlement cannot be reached.
Dealing with the death of a loved one is never easy, and it can be even harder if they died wrongfully. If you’re in this situation, our experienced, compassionate attorneys in Jackson and Tupelo are here to help.
Visit our Ridgeland office on 370 Towne CenterBlvrd MS 39157.
Call now for a free consulation on (601) 981 4717.
