Nothing affects a family more than the unexpected death of a loved one. Losing a family member due to the negligence of another person and/or entity can be a profoundly difficult experience. In addition to the significant mental and emotional trauma of losing a loved one, families may also experience significant financial difficulties due to the loss of support of the family member. Our civil justice system recognized the need for a legal remedy for the families of victims lost to accidents, negligence, and wrongful conduct.
While compensation from a wrongful death lawsuit cannot replace the loss of a loved one, it can provide justice to a family and alleviate the financial burden resulting from a loss. Wrongful death is not a criminal suit but a civil matter. Our goal at Davis & Williams is to conduct a thorough investigation to determine the responsible parties who are at fault, and any mitigating or aggravating circumstances that may affect the outcome of a wrongful death suit.Wrongful Death Definition
The term “wrongful death” is used to refer to the death of a person caused by someone’s wrongful or negligent act or omission. The wrongful death action is intended to provide compensation in the form of monetary damages for relatives who depended upon the deceased for financial and emotional support. The most common Wrongful Death Claims include Vehicle Accidents, Workplace Accidents and Illnesses, Pedestrian and Bicycle Accidents, Premise Liability Accidents, and Medical Malpractice. Even accidental situations including, but not limited to, Poisoning and Overdoses may lead to a wrongful death claim for surviving relatives. Mississippi law also includes unsafe machinery, or appliances and/or the breach of any warranty of any item intended for human consumption as causes for wrongful death in Mississippi.Who Can File a Wrongful Death Claim?
The wrongful death statute allows certain family members to file a wrongful death claim in civil court. Depending upon the relationship of the surviving family members, the following persons may be eligible to file a wrongful death claim:
- Surviving spouse
- Surviving parent or child
- Surviving siblings
- Personal representatives of the estate
Along with who can file, it’s important to note the difference in time limits that apply to Wrongful Death cases. In Mississippi, the time limit to file a Wrongful Death claim may be as short as one year depending on the nature of the case., It is important to give us a call as soon as possible to avoid losing the right to seek justice for a loved one’s loss. Our wrongful death attorneys can help.Wrongful Death Damages
The court will consider a number of factors in determining the amount of damages awarded to the survivors of the deceased. These factors include:
- The medical expenses of the deceased prior to death
- Cost of funeral and burial services
- Pain and suffering endured
- Loss of companionship and society
- Lost wages and benefits the deceased would have provided
The attorneys at Davis & Williams PLLC have been helping people recover compensation for wrongful deaths caused by motor vehicle accidents, defective products and other negligent acts for more than 30 years. Our wrongful death attorneys serving the State of Mississippi understand the challenges a family faces after a wrongful death and are dedicated to seeking just compensation for the surviving loved ones. Our experience in this area of law shines a light on the importance of compassion and consideration for close family members who meet with us. If you have a question about a fatal accident and wrongful death claims, do not hesitate to reach out for the help you need. Contact us today for a free consultation to discuss your potential case.