If another driver’s negligence caused a fatal accident that took the life of your loved one on a Mississippi road, you have the right to hold the reckless party responsible for their actions through a wrongful death lawsuit.
Under Mississippi Code §11-7-13, certain surviving family members have the right to seek compensation for emergency medical costs, burial costs, lost wages, and loss of companionship. To do so, you have to prove that the other party behaved negligently, meaning something they did or neglected to do caused the accident that led to the death of your loved one.
For help with your case, consider calling a Biloxi fatal accident lawyer. The team at the Morris Bart law office can study the facts in your case, looking to prove that the other driver was at fault and that you are eligible to seek damages on your loved one’s behalf. For a free review of your case, contact us at (228) 357-9621 as soon as possible.
Understanding Wrongful Death Lawsuits
The judicial system in Mississippi may bring criminal charges against the party that caused the accident and the fatality. However, a wrongful death lawsuit is a different type of claim that is separate from criminal charges.
When you choose to file a claim on behalf of a deceased loved one, it will be a civil case. Civil cases allow you to seek a financial judgment against the negligent party that caused the accident that led to the fatality.
If the party who hit your loved one had auto insurance, a financial settlement in a wrongful death claim may come from the company that issued the insurance policy.
For a free legal consultation with a Fatal Accident lawyer serving Biloxi, call (228) 357-9621
Who Can Bring a Wrongful Death Claim
Mississippi statutes specifically spell out who can file a wrongful death lawsuit. The decedent’s family members or representatives may all combine, if desired, to bring a single lawsuit. Individual family members cannot file their own lawsuits, as only one claim is allowed. Those who are eligible to bring a lawsuit include:
- Representative of the decedent’s estate
Finding Representation for Your Wrongful Death Action
Once you and your family members have decided that you want to file a wrongful death claim, finding representation from a Biloxi fatal accident lawyer could be your next step.
At the Morris Bart law office, we understand how emotionally difficult losing a loved one due to someone’s negligence can be. If you choose to hire us, we can take over negotiations with the insurance company for the driver who was at fault, leaving you more time to focus on your family.
For a free review of your case, call us at (228) 357-9621 as soon as possible. We sympathize with the situation you and your family are in, and we will work to seek justice for you and your family.
Types of Negligence that May Result in an Auto Fatality
Unfortunately, car accidents with fatalities are far too common. According to the Mississippi Department of Transportation (MDOT), 690 fatalities occurred on the state’s roads in 2016.
Sometimes, an auto fatality is a complete accident, meaning no one is at fault. However, because of the excessive speeds that are often involved in fatal collisions, it is likely that someone made an error behind the wheel, and it led to an accident.
Even if the other driver does not have a history of making poor decisions behind the wheel, it takes one moment of inattentiveness or negligence to lead to a fatal crash. In some cases, a driver may make an incorrect split-second decision and cause a crash. Other times, the driver made poor choices well before the accident, but the outcome is the same.
When a fatal accident occurs anywhere in the United States, law enforcement officers will be on the lookout for whether alcohol or drug use played a role. According to the National Highway Traffic Safety Administration (NHTSA), an average of more than 10,000 Americans die in drunk driving collisions every year.
When someone drinks alcohol or takes drugs before driving, the driver’s ability to make quick judgments becomes impaired, as do their motor skills, increasing the chances of a crash.
When a motor vehicle operator is looking at a smartphone, paying attention to passengers in the vehicle, or performing personal grooming while driving, they are not focused on the road.
Lack of focus can cause the driver to miss seeing a changing stop light until it is too late. This can lead to a high-speed crash in an intersection, increasing the chances of significant injuries and fatalities.
Violating Traffic Laws
Someone who is speeding, changing lanes recklessly, or traveling the wrong way on a one-way street increases their chances of causing a serious accident. Whenever excess speed is involved, the force on the people in the accident will be more severe, potentially leading to a fatality.
Morris Bart, LTD does Not Take Payment Until We Win an Award for You
The families of fatal car accident victims may be unsure about hiring a lawyer to file a wrongful death claim due to the potential costs and other factors. However, hiring a Biloxi fatal accident lawyer does not have to be a financial burden.
For this type of case, the Morris Bart law office does not require any payment upfront to retain our services. Instead, our fee will come from a percentage of the final settlement amount we secure in the case. This means that we do not request any attorney fees unless we win a judgment for you and your family.
For a free consultation, call us today at (228) 357-9621. If you choose to hire us, we will be ready to begin working on your case immediately.
Questions?Call (228) 357-9621
to find a Morris Bart office near you.