Wrongful Death in Hattiesburg
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?
A wrongful death action is a type of civil suit that is brought against a party when their wrongful or neglectful actions lead to the death of another. To be more specific, Mississippi Code Section 11-7-13 reads that a wrongful death action may be brought when any “wrongful act or omission” or “unsafe machinery” or “breach of warranty” leads to the death of any person. The code also explains that a wrongful death claim is allowable when, if but for death, the injured person would have had a course of action to bring forth a standard personal injury claim.
What Types of Accidents May Warrant a Wrongful Death Claim?
It is important to note that all accidents that result in death do not necessarily warrant a wrongful death claim; rather, a wrongful death claim is appropriate when the defendant’s actions were the direct cause of the fatal injuries. As such, there are a number of different accident types that may warrant wrongful death claims, such as car accidents, pedestrian accidents, bicycle accidents, motorcycle accidents, defective product incidents, slip and fall accidents, and more. A wrongful death claim may be brought against a private citizen, a company or corporation, or even a government entity.
Parties Who Can File a Wrongful Death Suit
Only certain parties can file a wrongful death action in Mississippi. Because the decedent is obviously unable to file a claim on their own behalf, a wrongful death suit may be brought forth by the personal representative of the deceased’s estate. The spouse, child, parent, or sibling of the deceased person also maintains the right to bring forth a wrongful death claim.
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.