No one can possibly be ready for the sudden loss of someone close to them. When someone else’s negligent or intentional conduct causes another person’s death, surviving family members may hold them liable through a civil wrongful death claim.
Why is legal action necessary after a family member’s untimely death? Even as families grieve and mourn, they may also be struggling financially. The family may have lost the loved one’s financial support. Unexpected expenses like funeral and burial costs can add additional stress to an already devastated family.
An untimely death should never happen to anyone. An experienced wrongful death attorney in Jackson, MS can help you get justice and the compensation your family deserves.
At Derek L. Hall, PC, our wrongful death attorneys are here to listen to you and understand your family’s situation. We will provide compassionate counsel and legal advice. When you pursue a wrongful death claim, we handle all of the legal legwork. That allows you to focus on what is important – grieving your loved one and supporting your family during this difficult time.
Contact us today by phone or reach out to us online to speak with one of our experienced Jackson, MS wrongful death lawyers for free.
What Is a Wrongful Death Lawsuit?
Mississippi law defines wrongful death as a death that was caused by either a wrongful or negligent act, unsafe machinery, or a breach of warranty of fitness in an item or product that was intended for consumers.
The standards are much the same as in any type of personal injury liability case. A wrongful death lawsuit is a civil case, not a criminal case. Family members can bring a civil claim when the loved one who was injured is no longer alive to pursue the case.
Surviving family members can bring a wrongful death action against the responsible party. The civil claim allows them to recover compensation for both economic and non-economic losses.
Mississippi’s Wrongful Death Law: Who Brings the Claim and Who Benefits?
In Mississippi, the following individuals may legally file a wrongful death claim:
- A personal representative of the deceased person’s estate
- A surviving spouse
- A surviving parent of a deceased child
- Any surviving siblings
In most cases, the spouse is the family member who files a wrongful death lawsuit. If the surviving spouse and the deceased had children, a damages award is divided equally between the spouse and the surviving children. In the event that the deceased was single or not legally married, a surviving parent or sibling may bring the wrongful death claim.
Types of Accidents That Result in Wrongful Death Claims
A wide variety of circumstances can result in a wrongful death lawsuit. A wrongful death claim often arises from these events:
Calculating Compensation for a Wrongful Death in Mississippi
No amount of money can bring back a lost loved one. However, compensation from a wrongful death claim can help family members recover some of their related expenses. The money is in the form of economic and non-economic damages.
- Economic damages might include medical expenses, funeral or burial expenses, the deceased’s lost wages and property damage.
- Non-economic damages include pain and suffering, loss of companionship and loss of consortium.
Every case is unique and has a different set of circumstances. Those circumstances can affect the amount of compensation that is awarded. Mississippi places a cap on the amount of non-economic damages in a wrongful death claim, depending on the manner of death.
The best way to estimate the value of a wrongful death claim is to contact a lawyer. The lawyer can review the circumstances of your case and give you a clearer picture of what damages might be available.
How Long You Have to Bring a Wrongful Death Claim in Mississippi
We understand that you are in the middle of the grieving process. While there is no time limit on mourning, in Mississippi, there is a statute of limitations for a wrongful death claim.
If your loved one’s death was caused by negligence, you have three years from the date of your loved one’s death to file a claim. A few exceptions exist that can shorten or lengthen this timeline. An experienced lawyer with Derek L. Hall, PC can review your case and offer advice on your best course of action.
We’re Ready to Discuss Your Wrongful Death Case Whenever You Are
In the aftermath of a sudden and tragic death, a legal action might be the furthest thing from your mind. However, a wrongful death claim is a way to get the necessary financial support in this difficult time. It’s also a way to seek justice for your family member’s death and closure for the survivors.
Our attorneys know that the pain you are going through is personal. We know you need time to process your pain. Please understand that you don’t have to go through this alone. We’re here to provide experienced counsel and compassionate legal advice for you and your family.
When you are ready, the wrongful death attorneys at Derek L. Hall, PC are ready to provide help in your time of need. Call us or reach out to us online for a free, no-obligation consultation about your wrongful death claim.