Mississippi Wrongful Death Attorneys
When you lose someone due to the carelessness of another, it can be indescribably painful. We are very sorry you have to experience this. It is so important that you have skilled Mississippi wrongful death attorneys on your side. Please call us today to learn more.
Basics of Wrongful Death
You would be eligible to bring a wrongful death claim if someone caused the death of your loved one through carelessness or intent to harm your loved one.
These claims of wrongful death can help you close your loved one’s estate. It also lets you file a lawsuit against the person or entity that harmed and killed your loved one. That person or group is legally responsible for this death.
The person who brings this claim acts as the liaison of the claim on behalf of the deceased and their family. These claims can be really powerful.
How to Determine If it’s Wrongful Death
When someone dies, and it’s caused by the actions of another party, it’s typically wrongful death. If you can prove that your loved one would still be alive without the actions of the defendant, you likely have a strong wrongful death claim. Here are some examples:
When someone is killed because of intent to harm, that is wrongful death. We all likely know of the murders O.J. Simpson was tried for. He was acquitted in criminal court, but a wrongful death claim found him liable for the deaths of Ronald Goldman and Nicole Brown. The families of the victims chose to bring justice through a wrongful death claim, which they won.
Another scenario would be a death that was a result of medical malpractice. There are many ways medical malpractice can cause death. Missed diagnosis, surgical errors, and more are all reasons someone could die due to medical malpractice. You may find that there is an individual liable, or there is an entity responsible, such as a hospital.
Another very common way wrongful death occurs is through collisions involving cars, trucks, motorcycles, pedestrians, bicycles, etc.
The list could continue on. The best way to ensure you have the correct knowledge is to talk to a Mississippi wrongful death lawyer as soon as possible.
To have a successful outcome for your wrongful death claim, you have to have proof that the defendant was liable for your loved one’s death. This is called the burden of proof, which you must put unto the party you are bringing the claim against.
If negligent behavior caused the death, you’d have to prove that the defendant could have or should have acted in a different way to protect your loved one. For example, a doctor using unsafe methods of treatment on a patient would be negligent.
Who Brings the Wrongful Death Claim?
If you are related to the victim, you usually will be the one who is allowed to bring the claim. It is brought on behalf of the surviving relatives of the deceased one. You can officially determine the person who is allowed to bring your claim with our Mississippi wrongful death attorneys.
Typically, a spouse would be the first person in line to bring the claim and receive the compensation award to then keep or disperse among relative parties, such as children. In other cases, the deceased may not have been married. They may have children who can bring the claim. It varies from case to case. It might be completely different every time. That’s why it’s so important to consult with a lawyer. It’s not common, but not impossible that the person who brings the claim is an aunt, sibling, parent, etc. It can be trickier for those types of cases to succeed.
We’ve even come across claims where the closest person to the deceased was a boyfriend or girlfriend. These cases can be discussed in a consultation with a Mississippi wrongful death attorney. Whatever peculiarities you are dealing with, we can sort them out.
The damages that are involved in a wrongful death claim are tricky. There are several different factors that go into compensation for these claims, including:
- the pain and suffering your loved one went through before they died (also known as survival claim);
- medical bills that were a result of your loved one getting injured and treated in hopes to preserve life;
- funeral and burial expenses;
- loss of wages your loved one would have provided in their lifetime;
- inheritance you would have gotten had they lived;
- loss of a companion;
- loss of a relationship that they provided; and,
- loss of consortium.
As you can imagine some of these damages are impossible to put a price on.
Call Our Mississippi Wrongful Death Attorneys Today
We are sorry you’ve had to go through this terrible experience. Please call us as soon as you can to set up a consultation. You deserve support in this difficult moment. Contact our Mississippi wrongful death attorneys today for a free consultation.