Wrongful death claims arise when a person’s death is caused by the negligence or misconduct of another party. In Mississippi, these legal actions allow the deceased’s family members or estate representatives to seek compensation for their loss. Such claims can stem from various incidents, including car accidents, medical malpractice, or workplace hazards. The process involves proving that the death was due to another’s fault and quantifying the financial value of the life, pain and suffering before death, and emotional impact on the surviving relatives.
What is a Wrongful Death Claim?
A wrongful death lawsuit is designed to provide financial compensation to the survivors or the estate of the deceased for losses incurred from the death. In Mississippi, the law recognizes these claims as a crucial mechanism for holding responsible parties accountable for their actions or inactions that led to a fatal outcome. Through these claims, the legal system allows grieving families to seek justice for their loved ones by addressing the financial burden and emotional distress caused by the unexpected loss.
Who Can File a Wrongful Death Claim in Mississippi?
In Mississippi, the law stipulates who is entitled to file a wrongful death claim, aiming to ensure that those most affected by the loss have the means to seek justice and compensation. Primarily, the right to file such a claim is granted to the immediate family members of the deceased. This includes spouses, children, and parents. In cases where these direct relatives are not present, siblings of the deceased may also have the legal standing to initiate a claim.
Additionally, if the deceased had a will, the executor or administrator of their estate is authorized to file the claim on behalf of the estate. This action not only seeks to compensate for the tangible losses suffered due to the death, such as funeral expenses and lost wages but also addresses the other claims belonging to the survivors. By clearly defining eligibility, Mississippi law ensures that the process is reserved for those directly impacted by the wrongful death.
Common Causes of Wrongful Death Claims
- Vehicle Accidents: Collisions involving cars, trucks, motorcycles, bicycles, and pedestrians, often due to reckless driving, DUI, or distracted driving, lead to significant wrongful death claims.
- Medical Malpractice: Failures in diagnosis, surgical errors, improper treatment, or neglect by healthcare professionals can result in patient deaths, prompting claims against medical practitioners or hospitals.
- Workplace Accidents: Fatal injuries occurring in construction, manufacturing, or other high-risk industries due to unsafe working conditions or employer negligence are grounds for wrongful death actions.
- Product Liability: Deaths caused by defective, unsafe, or improperly labeled products allow families to seek compensation from manufacturers or distributors.
- Premises Liability: Fatal accidents on another’s property, such as slip and fall incidents or inadequate security leading to death, can result in claims against property owners.
- Criminal Acts: Homicides or deaths resulting from criminal activities, even if prosecuted criminally, can also be the basis for wrongful death civil suits against the perpetrator.
Steps in Filing a Wrongful Death Claim
Filing a wrongful death claim in Mississippi involves several steps, starting with a thorough investigation of the death. This initial phase centers on gathering evidence, such as medical records, accident reports, and witness statements, to establish the cause of death and the liable party. Next, it’s important to consult with a knowledgeable attorney who handles wrongful death cases. An attorney can offer invaluable guidance on the legal process, help determine the claim’s viability, and identify the appropriate party or parties to sue.
After assembling the necessary documentation and legal strategy, the claim must be filed within the statute of limitations, which is generally three years from the date of the cause of action arising in Mississippi. The filing includes opening an estate for the determination of heirs and to be able to receive various documents needed in the investigation, then drafting and submitting a complaint to the court, outlining the basis of the claim and the sought-after damages. Throughout this process, negotiation with the defendant’s insurance company may occur, aiming for a settlement that avoids trial. If a settlement is not reached, the case may proceed to trial where a judge or jury will decide the outcome.
Potential Compensation in Wrongful Death Cases
In wrongful death cases, the compensation awarded aims to cover both the tangible and intangible losses suffered by the deceased’s family. Tangible, or economic, damages include medical expenses incurred before the death, funeral and burial costs, the loss of the deceased’s expected earnings adjusted for his expenses had the deceased lived, and replacement of various services provided by the deceased to the respective family members. These financial contributions that the deceased would have provided to their family over a lifetime, such as salary and benefits, are calculated based on their age, health, and earning potential at the time of death.
Intangible, or non-economic, damages are also significant. They account for the pain and suffering experienced by the deceased before their death and the loss of companionship, care, and guidance for the surviving family members. In some cases, punitive damages may be awarded to punish the defendant for particularly egregious conduct and deter similar behavior in the future.
Contact a DeSoto County Wrongful Death Attorney
Chatham Gilder Howell Pittman can offer compassionate and dedicated legal support to families facing the aftermath of a wrongful death. Our team is committed to securing the justice and compensation you deserve. Reach out to us for a consultation and let us assist you through this challenging time with our professional expertise.
Chatham Gilder Howell Pittman helps their clients whose loved ones have died a wrongful death throughout Northern Mississippi including the cities of Southaven and Hernando as well as the counties of DeSoto, Marshall, Tate, and Tunica.
