If a member from your family passed away because of injuries they suffered in a Gulfport car accident, you may be able to pursue a wrongful death case against the at-fault motorist. A wrongful death case can help you secure compensation to cover your family’s expenses and damages caused by the untimely death of your loved one. A Gulfport fatal accident lawyer from the Morris Bart law firm may be able to build a strong case and take action on your behalf.
The wrongful death legal team from the Morris Bart law office in Gulfport can review the facts of your loved one’s fatal accident today for free. Our attorneys are ready to discuss your case with you and help you understand your legal options. Based on the details of your case, we may be able to represent you and seek damages on your behalf. Call (228) 357-9621 to learn more.
Understanding Mississippi’s Wrongful Death Statute
Mississippi law allows qualifying family members of accident victims who passed away to seek damages under MS Code § 11-7-13, the state’s wrongful death statute. Like other personal injury laws, wrongful death is based on proving that another person acted negligently and is, therefore, responsible for the injuries suffered in an accident.
Under wrongful death laws, only certain individuals can qualify to pursue damages on behalf of the victim, even within the family. In Mississippi, the short list of people qualified to take legal action in this type of case includes:
- The victim’s spouse.
- The victim’s parents.
- Minor or adult children of the victim.
- Siblings of the victim.
- The personal representative of the victim’s estate, as designated in the victim’s will or assigned by the courts during probate.
While only certain members of the family qualify to take this type of legal action, only one needs to initially file the paperwork to proceed. For example, if the victim’s spouse files a wrongful death lawsuit in a Harrison County court, the victim’s children or parents can then seek approval to join the case.
Division of Recovered Damages
An attorney from the Morris Bart law office in Gulfport can help you file the lawsuit if you qualify. We can also help you understand the rules regarding the division of financial recovery in a Mississippi wrongful death case. In general, this includes the following:
- When the victim has a spouse and no children, the spouse receives the compensation.
- If there are children but no spouse, the children will split the compensation evenly.
- A spouse and children split the compensation evenly.
- When the victim does not have a spouse or children, the compensation will go to the parents, or get split between the parents and siblings.
To learn more about how you may be able to seek compensation for yourself and other surviving family members of your lost loved one, call the Morris Bart law office in Gulfport today at (228) 357-9621. A Gulfport fatal accident lawyer from the Morris Bart law firm may be able to handle your case based on contingency, meaning you will not need to pay anything out of pocket for your representation.
For a free legal consultation with a Fatal Accident lawyer serving Gulfport, call 800-537-8185
Seeking Damages in a Gulfport Fatal Accident Case
There are many types of damages that may be recoverable in a wrongful death case in Gulfport. If we can reach an insurance settlement or are successful in a wrongful death lawsuit, you and your family may receive compensation for damages that include:
- Medical treatment costs related to your loved one’s treatment and care.
- Care and support costs incurred before the death.
- Property damages to the vehicle or other personal property.
- Burial and funeral expenses.
- Your loss of companionship, guidance, and other services your loved one provided.
- Your loved one’s lost wages and benefits, including future wages.
- Your grief and emotional pain.
We understand no amount of compensation will make right the loss of a loved one. However, our team knows how to handle this process and determine a fair value for your case. For example, we will work to document your family member’s future lost wages by considering their education, current income, experience, and likelihood of career advancement. We may even work with industry experts or economists who can help determine a fair value.
When it comes to your non-economic losses, such as your own emotional pain, we know how to put a value on these as well. It is important to note that Mississippi law caps these damages in some cases. MS Code § 11-1-60 sets this limit at $1 million.
Deadline for Filing a Gulfport Fatal Car Accident Lawsuit
If you need to file a wrongful death lawsuit in Harrison County or another nearby jurisdiction after your loved one passes away, you will need to do so before time expires. In general, MS Code § 15-1-49 gives the victims of any negligence case three years to take legal action.
This means you have three years to try to hold the negligent party responsible for your loved one’s death in court. As long as you contact us in time, we can help you meet this deadline and all other applicable timelines in your case.
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Speak to a Member of Our Gulfport Fatal Accident Team Today
A Gulfport fatal accident lawyer from the Morris Bart law firm may be able to help you hold the at-fault driver accountable for the death of your loved one. Our team offers free consultations, and you can speak with a member of our wrongful death team today about your case.
In addition to our Mississippi Gulf Coast office, we have additional locations across Louisiana, Mississippi, Alabama, and Arkansas. Call the Morris Bart law firm now at (228) 357-9621 to get started with a complimentary case evaluation.
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