Death is a shattering experience. But the death of a loved one due to another’s negligence is particularly tragic. You are rightfully devastated and angry. You want justice.
Mississippi law provides for this justice. It allows for surviving family members to file a wrongful death lawsuit. A wrongful death lawsuit is a civil lawsuit brought by family members against the negligent party responsible for the death of their loved one.
If your loved one has died as a result of another’s negligence, you need a Hattiesburg wrongful death lawyer on your side. At Harris Law Firm, PLLC, we can help you get justice for your loved one and compensation to help you rebuild.
What Is a Wrongful Death Claim?
Mississippi law defines a wrongful death claim as the death of any person or unborn quick child caused by “any real, wrongful or negligent act or omission.” Unsafe machinery and appliances or breach of warranty for certain products can also be a basis for a wrongful death claim.
What Causes Wrongful Death Claims?
Wrongful death claims can arise from different types of accidents or incidents. The focal point of these accidents or incidents is that someone else’s negligence or intentional act caused them. Common accidents or incidents include the following:
- Car accidents,
- Truck accidents,
- Motorcycle accidents,
- Bicycle accidents,
- Pedestrian accidents,
- Traumatic brain injuries, and
- Slip and fall accidents.
If a loved one has died after one of these incidents or another type of accident, contact Harris Law Firm. Our compassionate and experienced wrongful death attorneys can help you hold the other parties accountable.
Who Can File a Wrongful Death Claim in Mississippi?
In Mississippi, the following people are permitted to file a wrongful death claim:
- Spouse of the deceased,
- Children of the deceased,
- Parents of the deceased, and
- Siblings of the deceased.
The executor of the deceased’s estate can also file a wrongful death claim.
What Damages Are Recoverable in a Wrongful Death Claim?
Eligible damages for wrongful death claims in Mississippi are challenging to calculate. The amount recoverable depends on the facts and circumstances of each case. Generally, you may be able to recover the following damages:
- Medical expenses. This includes any medical costs incurred as a result of the decedent’s death.
- Loss of financial support. You may recover compensation for the loss of your deceased loved one’s financial support. This is the support they would have contributed towards the decedent had they not died.
- Funeral and burial expenses. Generally, you will be able to recover the cost of your loved one’s funeral and burial.
- Loss of companionship, guidance, and/or consortium. These damages are awarded to family members to account for the loss of the relationship and bond with the deceased. It is common to award this damage to the spouse and children of the deceased.
- Pain and suffering. After the death of a loved one, family members are an emotional wreck. Mississippi law allows for relatives to collect damages for this distressing heartbreak.
Our wrongful death attorneys at Harris Law Firm will examine the evidence of your case and calculate an accurate value of your claim.
What Is the Difference Between a Wrongful Death Claim and a Survival Action?
Both wrongful death and survival action claims deal with death due to the intentional or negligent act of another party. A wrongful death claim’s purpose is to compensate family members for the loss of their loved one and any damages they incur as a result.
On the other hand, a survival action is brought by the deceased’s estate to compensate the deceased for the damages they incurred until the time of their death.
How Long Do You Have to Bring a Hattiesburg Wrongful Death
Like any civil or criminal action, Mississippi wrongful death claims have a deadline. This deadline is called the statute of limitations. After the statute of limitations for wrongful death in Mississippi deadline passes, you can generally no longer pursue a claim.
In Mississippi, generally speaking, a wrongful death claim has a three-year statute of limitations. The statute of limitations may be 1 to 2 years shorter in wrongful death cases involving medical negligence or governmental entities.Once this three-year deadline expires, absent certain exceptions, you generally cannot recover compensation from the negligent party for the death of your loved one.
How Much Does Legal Representation by a Wrongful Death Lawyer Cost?
The cost of legal services varies depending on the firm. At Harris Law Firm LLC, we operate on a contingency fee basis. You don’t owe us anything unless we secure a settlement or verdict for you. You don’t pay us anything if we don’t recover for you.
Do You Need a Wrongful Death Lawyer?
Legally, no. A lawyer is not required to file a wrongful death suit. However, filing a wrongful death claim is complicated to do alone. It can be tricky and time-consuming. Wrongful death claims are often based on negligence claims in which you will need to prove the following elements:
- Duty of care,
- Breach of duty,
- Causation, and
To be successful, you need to gather evidence to prove the other party caused the accident or incident that led to the death of your loved one. You need to prove that that party had a duty to your deceased loved one and that the breach of that duty caused your loved one’s death.
Insurance companies, however, hate to lose money and will try to get rid of your case with a quick settlement. This settlement is often lower than what you are eligible for. Or, they will fight your case and contest their insured’s negligence. Without resources and legal experience, countering the insurance companies’ claims is difficult.
You don’t need to take this on by yourself. You are going through a terrible loss. Let our experienced Hattiesburg wrongful death attorneys handle your case. We know the laws surrounding negligence and wrongful death. We have extensive experience in handling these cases.
Our lawyers also know all the tricks insurance companies utilize. We will not bow to their pressure and scare tactics. We will fight to get justice for your loved one and to get you the highest possible compensation.
Contact a Hattiesburg Wrongful Death Attorney Today
If you have lost a loved one because of another’s negligence, you can seek justice and compensation. We understand no amount of money can bring back your lost loved one.
At Harris Law Firm, we have aided clients in pursuing justice for over 40 years. We will provide high-quality legal representation and tailor a strategy to fit your situation. Contact our Hattiesburg wrongful death lawyers and schedule a free consultation with us.