Wrongful Death Claims Against Mississippi Employers
Wrongful death claims can be incredibly challenging for family members who have lost a loved one. These claims arise when someone is killed due to the negligence, recklessness, or intentional actions of another party. While no amount of money can ever replace a loved one, wrongful death claims can provide some financial relief to the surviving family members. In Mississippi, employers can be held responsible for wrongful death claims in certain circumstances.
Mississippi is an at-will employment state, meaning that employers can terminate an employee for any reason or no reason at all. However, there are exceptions to this rule. Employers cannot terminate employees for reasons that violate federal or state laws, such as discrimination or retaliation. Additionally, employers have a responsibility to provide a safe work environment for their employees. When employers fail to meet this responsibility and an employee is killed as a result, the employer may be held responsible for a wrongful death claim.
To bring a wrongful death claim against an employer in Mississippi, the plaintiff (usually a family member of the deceased) must prove that the employer was negligent in some way. Negligence means that the employer failed to exercise reasonable care in providing a safe work environment. To prove negligence, the plaintiff must show that:
- The employer had a duty to provide a safe work environment
- The employer breached that duty
- The breach of duty caused the employee’s death
- The plaintiff suffered damages as a result of the death
Examples of employer negligence in wrongful death claims include:
- Failing to properly train employees on safety procedures
- Failing to provide safety equipment or protective gear
- Failing to inspect and maintain equipment and machinery
- Failing to provide adequate staffing levels to ensure safety
- Failing to address known safety hazards
If the plaintiff can prove negligence, they may be able to recover damages in a wrongful death claim. Damages can include compensation for medical bills, funeral expenses, lost income, and the emotional pain and suffering caused by the loss of a loved one.
It’s important to note that Mississippi has a statute of limitations on wrongful death claims. In most cases, the claim must be filed within three years of the date of death. It’s important to speak with an attorney as soon as possible to ensure that the claim is filed within the statute of limitations.
Additionally, it’s important to note that Mississippi law follows a “pure comparative negligence” standard. This means that if the plaintiff is found to be partially responsible for the accident that led to the employee’s death, their compensation can be reduced by the percentage of fault assigned to them. For example, if the plaintiff is found to be 20% at fault for the accident, their compensation would be reduced by 20%.
It’s also important to keep in mind that Mississippi has a cap on non-economic damages in wrongful death claims. Non-economic damages refer to compensation for the emotional pain and suffering caused by the loss of a loved one. In Mississippi, the cap for non-economic damages is $500,000.
If you are considering filing a wrongful death claim against an employer in Mississippi, it’s crucial to work with an experienced attorney who can guide you through the legal process. They can help you gather evidence, identify witnesses, and navigate the complexities of the legal system. Additionally, they can help you negotiate with the defendant’s insurance company to reach a fair settlement or represent you in court if necessary.
Wrongful death claims against Mississippi employers can be complex and emotionally challenging. If you have lost a loved one due to an employer’s negligence, it’s important to consult with an experienced attorney to explore your legal options. With the right legal representation, you may be able to hold the employer accountable and recover compensation to help you move forward after the loss of a loved one.
At Brad Morris Law Firm, PLLC, we can provide comprehensive legal assistance for wrongful death claims against Mississippi employers. With years of experience handling complex legal matters, including wrongful death cases, we have the knowledge and resources necessary to provide effective representation and pursue maximum compensation for our clients.
We can investigate the circumstances surrounding the death, prove negligence, negotiate with insurance companies, represent clients in court, and provide compassionate support throughout the legal process. We understand the emotional toll that a wrongful death can take on a family, and we are committed to providing personalized attention and achieving justice for our clients.
If you have lost a loved one due to an employer’s negligence, we can help you explore your legal options and fight for the compensation you deserve. Contact us today to schedule a consultation and learn more about how we can assist with your wrongful death claim against a Mississippi employer.