Wrongful Death Attorney in Pascagoula

While all accidents can be scary and even traumatic, accidents that result in death are the truly tragic. At the offices of the Gardner Law Firm, our experienced Pascagoula, Mississippi wrongful death attorneys have helped family members of lost loved ones seek and obtain damages following an accident that results in death. If you have recently lost a family member and believe that their death would not have occurred but for the negligence of another party, please call our law firm as soon as possible. You may have a wrongful death suit.

What is a Wrongful Death Claim in Mississippi?

A wrongful death claim in Mississippi is a critical legal avenue that provides a means for justice and compensation when an individual’s life is cut short due to the negligent, reckless, or intentional actions of another party.

Unlike a personal injury claim, which the injured individual directly pursues, a wrongful death claim is brought by specific family members or representatives of the deceased’s estate. These claims acknowledge not only the tragic loss of life but also the profound emotional and financial impact that such a loss has on surviving loved ones.

The legal framework surrounding wrongful death claims in Mississippi aims to hold responsible parties accountable and to provide some measure of financial relief for the immense suffering and economic hardship endured by those left behind.

At its core, a wrongful death action is a civil lawsuit. This distinguishes it from criminal proceedings, which focus on punishment for offenses against the state. In a wrongful death case, the primary objective is to seek monetary damages from the at-fault party to compensate the deceased’s survivors for their losses. The fundamental principle underpinning these claims is that if the deceased person had survived their injuries, they would have had a valid personal injury claim against the negligent party. Since they cannot, the right to pursue such a claim transfers to their eligible survivors.

The types of “wrongful” actions that can lead to a wrongful death claim are broad and encompass a spectrum of behaviors. These can range from outright malicious intent to a simple failure to exercise reasonable care. The key element is causation: the defendant’s actions or inactions must be the direct and proximate cause of the fatal injuries. Without this direct link, a wrongful death claim cannot be sustained.

A Deeper Dive into the Statute

Mississippi’s legal framework for wrongful death claims is clearly articulated in Mississippi Code Section 11-7-13. This statute serves as the cornerstone for all such claims within the state, defining the circumstances under which a wrongful death action can be brought and specifying who is eligible to file.

The statute’s language is crucial for understanding the scope of these claims in Mississippi. It allows for a wrongful death action when death results from:

• Any “wrongful act or omission”: This broad category covers a vast array of negligent or intentional behaviors. It includes situations where a person acts carelessly (an “omission”) or deliberately causes harm (a “wrongful act”). Examples could range from a drunk driver causing a fatal collision to a property owner failing to address a dangerous condition that leads to a deadly fall.
• “Unsafe machinery”: This specific inclusion highlights product liability as a potential basis for a wrongful death claim. If a defectively designed or manufactured piece of machinery directly causes a person’s death, the manufacturer or seller could be held liable. This emphasizes the responsibility of companies to ensure their products are safe for public use.
• “Breach of warranty”: Similar to unsafe machinery, a breach of warranty typically relates to product liability. If a product is sold with a warranty (either express or implied) that it will function safely or as intended, and a failure to meet that warranty leads to a fatality, a wrongful death claim may arise. This holds manufacturers and sellers accountable for the promises they make about their products’ safety and performance.

Furthermore, the Mississippi statute reinforces the “but for” causation principle. It states that a wrongful death claim is permissible if, but for death, the injured person would have had a course of action to bring forth a standard personal injury claim. This means that if the deceased person would have had a valid personal injury claim against the at-fault party had they survived, then their survivors have the right to pursue a wrongful death claim. This ensures that the inability to sue due to death does not shield negligent parties from accountability.

What Accidents May Warrant a Wrongful Death Claim in Mississippi?

It is vital to distinguish between an accident that results in death and an accident that warrants a wrongful death claim. Not every fatality automatically gives rise to a legal claim. The critical distinction lies in the concept of causation and fault. A wrongful death claim is appropriate only when the defendant’s actions were the direct and proximate cause of the fatal injuries. This means there must be a clear, unbroken chain of events linking the defendant’s negligence or wrongdoing to the victim’s death.

Given this requirement, a wide array of accident types can potentially lead to wrongful death claims in Mississippi. These include, but are not limited to:

Car Accidents

This is one of the most common scenarios. If a driver’s negligence (e.g., speeding, distracted driving, drunk driving, reckless lane changes) causes a fatal collision, a wrongful death claim can be pursued against that driver.

Pedestrian Accidents

When a vehicle strikes a pedestrian, often due to a driver’s failure to yield or observe traffic laws, and the pedestrian succumbs to their injuries, a wrongful death claim against the driver is a strong possibility.

Bicycle Accidents

Similar to pedestrian accidents, fatal bicycle accidents often involve motorist negligence.

Motorcycle Accidents

Due to the lack of protection for motorcyclists, collisions often result in severe or fatal injuries. If another driver’s actions lead to such a crash, a wrongful death claim is likely.

Defective Product Incidents

As specifically mentioned in Mississippi law, if a product’s defect (in design, manufacturing, or warnings) directly causes a person’s death, the manufacturer, distributor, or seller could be liable. Examples include faulty medical devices, dangerous toys, or defective vehicle components.

Slip and Fall Accidents (Premises Liability)

If a property owner’s negligence in maintaining a safe environment (e.g., failing to clean up a spill, neglecting to repair a dangerous stairway) leads to a fall that results in fatal injuries, a wrongful death claim may be brought against the property owner.

Medical Malpractice

This highly specialized area involves healthcare providers. If a doctor, nurse, or hospital’s negligence (e.g., misdiagnosis, surgical error, medication error) directly causes a patient’s death, a wrongful death claim based on medical malpractice can be pursued.

Workplace Accidents

While many workplace injuries are covered by workers’ compensation, if a third party’s negligence (someone other than the employer or co-worker) contributes to a fatal workplace accident, or if the employer’s actions go beyond simple negligence to gross negligence or intentional harm, a wrongful death claim may be possible.

Nursing Home Abuse or Neglect

If a resident of a nursing home dies due to abuse, neglect, or inadequate care (e.g., severe bedsores leading to infection, malnutrition, falls due to lack of supervision), the nursing home facility or its staff could face a wrongful death claim.

Assault and Battery

If an intentional act of violence leads to a person’s death, the perpetrator can be held liable in a wrongful death civil action, even if they also face criminal charges.

It’s also crucial to understand that a wrongful death claim can be brought against various entities: a private citizen, a company or corporation, or even a government entity. This broad applicability means that accountability can be sought from a wide range of negligent parties, from individual drivers to multinational corporations and public agencies.

Parties Who Can File a Wrongful Death Suit in Mississippi

The law is specific about who has the legal standing to file a wrongful death claim. This is because the deceased person, obviously, cannot initiate the lawsuit themselves. In Mississippi, the following parties are generally eligible to bring a wrongful death action:

The Personal Representative of the Deceased’s Estate

This is a crucial individual or entity. The personal representative (also known as the executor or administrator) is appointed by the court to manage the deceased’s estate. They act on behalf of the estate and, by extension, the beneficiaries. Filing through the estate’s representative ensures that all potential beneficiaries’ interests are considered and that any recovered damages are distributed according to law or the deceased’s will (if applicable).

The Spouse of the Deceased

A surviving spouse is almost always among the primary beneficiaries and has a direct right to file a wrongful death claim.

The Child(ren) of the Deceased

This includes both minor and adult children. Children suffer a profound loss, not only emotionally but also in terms of financial support and parental guidance.

The Parent(s) of the Deceased

If the deceased was a child, or if they had no spouse or children, their parents may have the right to file.

The Sibling(s) of the Deceased Person

In some circumstances, if there are no closer relatives (spouse, children, parents), siblings may be eligible to bring a wrongful death claim.

The hierarchy and specific eligibility can sometimes be complex, especially in cases with estranged family members or multiple potential claimants. It is always advisable for interested parties to consult with an attorney to understand their specific rights and standing to file.

Damages Recoverable in a Pascagoula, MS Wrongful Death Claim

Determining the exact amount of damages recoverable in a wrongful death claim is a complex process, as it is highly dependent on the unique facts and circumstances of each case. There is no one-size-fits-all calculation, and the value of a claim can vary significantly based on numerous factors, including the age of the deceased, their earning potential, the number and dependency of their survivors, and the extent of the emotional suffering caused.

However, Mississippi law allows for the recovery of both economic and non-economic damages. These damages are generally categorized by who receives them: the deceased’s estate or the beneficiaries.

Damages Paid to the Decedent’s Estate

These damages represent losses incurred by the deceased or their estate prior to or at the time of death. They are typically used to cover expenses directly related to the fatal incident. Common examples include:

• Funeral and Burial Expenses: The costs associated with laying the deceased to rest, including funeral home services, cremation or burial, caskets, urns, and cemetery plots. These can be substantial and are a direct financial burden on the family.
• Medical Expenses: Any medical bills incurred for the treatment of the deceased’s fatal injuries from the time of the incident until their death. This can include emergency room care, ambulance services, hospital stays, surgeries, medications, and palliative care. Even if the person died instantly, there might be initial emergency response costs.
• Other Related Expenses Incurred by the Deceased Prior to Death: This is a broader category that could include a variety of costs directly resulting from the injury before death. For example, if the deceased required modifications to their home or special equipment due to their injuries before succumbing, these costs might be recoverable.

Damages Available to Beneficiaries

In addition to the above, certain other economic and non-economic damages are directly available to the beneficiaries. These damages acknowledge the profound and multifaceted losses experienced by the surviving family members due to the death of their loved one. These might include:

• Loss of Companionship: This is a non-economic damage that compensates for the emotional suffering, grief, and loss of the intimate relationship with the deceased. For a spouse, this includes the loss of love, affection, comfort, and consortium. For children, it’s the loss of a parent’s presence, guidance, and emotional support.
• Loss of Parental Guidance: Specifically for children, this compensates for the loss of a parent’s instruction, moral training, advice, and disciplinary guidance that would have been provided throughout their upbringing. This is a crucial element for minor children who have lost a parent.
• The Value of Lost Wages and Loss of Earning Potential of the Decedent: This is a significant economic damage. It represents the income the deceased would have earned throughout their expected working life had they not died. This calculation takes into account their past earnings, age, occupation, education, and projected future income. It also considers benefits such as health insurance, retirement contributions, and other employment perks.
• Loss of Services: This accounts for the value of contributions the deceased would have made to the household and family life, beyond their direct income. This can include childcare, household chores, home maintenance, budgeting, and other uncompensated services that have a tangible economic value. For example, if the deceased was a stay-at-home parent, the value of their childcare and household management services would be significant.
• Pain and Suffering of the Deceased (in some cases): While often considered a personal injury damage, some jurisdictions allow for recovery of the pain and suffering the deceased experienced from the time of injury until death. This is often pursued through a “survival action” that is consolidated with the wrongful death claim.
• Punitive Damages: In rare cases, if the defendant’s conduct was exceptionally egregious, reckless, or malicious, a court may award punitive damages. These are not intended to compensate for losses but rather to punish the defendant for their conduct and to deter similar actions in the future.

Calculating these damages, especially the non-economic ones, requires sophisticated legal and financial analysis. Expert witnesses, such as economists and vocational experts, are often necessary to accurately project lost future earnings and the value of lost services. The ultimate amount of damages awarded will depend on the specific evidence presented, the persuasiveness of the arguments, and the judgment of the jury or mediator.

Damages Recoverable in a Pascagoula Wrongful Death Claim

It is impossible to say what damages may be available for your family, or the value of those damages, without a thorough review of your case. The amount of damages available significantly depends on numerous details and varies on a case-by-case basis. Types of damages that are recoverable in a wrongful death claim in Georgia include:

• Funeral and burial expenses;
• Medical expenses; and
• Other related expenses incurred by the deceased prior to death.

The above damages are paid the decedent’s estate. In addition to the above, certain other economic and noneconomic damages are also available to beneficiaries. These damages might include loss of companionship, loss of parental guidance, the value of lost wages and loss of earning potential of the decedent, and more.

How Much Time Do I Have to File a Wrongful Death Claim?

A negligence-based wrongful death claim must be filed with the court within three years of the date of death. If a party waits longer than three years’ time to file their case in civil court, the court will likely refuse to hear the case. Initiating the claim process as soon as possible after your loved one’s death is strongly recommended. This not only ensures that you have time to bring forth your case within the statute of limitations, but also that evidence relevant to your case is preserved.

Why You Need Our Pascagoula Wrongful Death Lawyers

Filing a civil action can be confusing and emotionally exhausting process, especially when you are coping with the recent death of a loved one. Working with a Pascagoula wrongful death lawyer is within your best interests. Our lawyers can aid you by:

• Explaining wrongful death laws. If you have questions about wrongful death claims and the laws that surround the civil process in Mississippi, we can help. We know when to file, how to file, how to identify against whom to file, how to valuate a claim, how to gather evidence, and more. We will guide you through all stages of the process and help to clarify whatever we can.
• Gathering evidence to support your case. Remember: in order to successfully win a wrongful death suit, you must prove that your loved one’s death would not have occurred but for the negligence (or wrongful, which may mean intentional, not negligent, act) of another party. We can help you to prove the four elements of a wrongful death claim by gathering the evidence that is necessary to substantiate your claim. We have the resources it takes to thoroughly investigate your case and hire experts to bolster your claim.
• Determining the value of your case. One of the elements of a wrongful death case is proving the extent of damages you have suffered, both economic and noneconomic. This can be challenging to do, especially if you aren’t familiar with which types of damages you can recover. We handle this part of the process for you and tell you what we believe your claim is worth.
• Negotiating and litigating on your behalf. Finally, our experienced lawyers will not only present your case to the appropriate party (or their insurer) and demand compensation, we will also review your settlement and negotiate for a higher amount if the settlement is too low. If settlement negotiations fail, we are more than qualified to take your case to court and litigate on your behalf.

Call Our Pascagoula, MS Wrongful Death Lawyers Today

If you have lost a loved one, you have rights and options. We know that you may be hesitant about reliving the pain you have suffered by filing a wrongful death claim, but strongly believe that you deserve to be compensated for your losses. To schedule a free consultation with our law firm where you can learn more, please call us at 228-762-6555 or send us a confidential message today.