The death of a loved one is a tragic situation, and it is undoubtedly emotional. You might be frustrated or angry if it was preventable. If another person’s negligence resulted in your loved one’s death, you have the right to seek compensation.
At the Morris Bart law firm, we understand that a financial award will never truly make up for your loss, but taking legal action could prevent other families from going through the same situation. A Gulfport wrongful death lawyer can help you hold the negligent party responsible.
What Constitutes a Wrongful Death?
In the state of Mississippi, §11-7-13 of the state code deals with wrongful death. It says that this type of case can be brought forth if any of the following causes a death:
- Negligence on the part of another party
- A wrongful or illegal act by another party, including murder
- Malfunctioning equipment
- Unsafe appliances
- Improperly administered drug or medical care
Other actions could result in wrongful death, but these are the most common items that fit under Mississippi state law.
How Accidents Caused By Negligence Can Lead to a Wrongful Death
Negligence can lead to many types of accidents could result in wrongful death, including:
- Traffic accidents
- Workplace accidents
- Medical malpractice accidents
- Defective or malfunctioning products
Sometimes, the accident will be the fault of one person. Other times, a business, employer, or manufacturer could be at fault. If you believe the fatal accident could have been prevented if the responsible party had acted differently, a Gulfport wrongful death lawyer may be able to help you seek damages..
When Car Accidents Lead to Wrongful Death
In Mississippi, some of the most common causes of wrongful deaths occur in car accidents. The Mississippi Office of Highway Safety reported that 690 people died in car accidents in 2017.
When a driver acts negligently—causing the death of another driver, their passenger, or a pedestrian, bicyclist, or motorcyclist—this could be grounds for a wrongful death case. Some acts of negligence by a driver include:
- Driving under the influence: Someone driving over the legal limit of a blood alcohol content (BAC) of 0.08% could make a mistake behind the wheel because of impaired judgment from alcohol or drugs, causing another person’s death.
- Driving while distracted: A driver who is not watching the road, distracted by a smartphone or some other item inside the vehicle, could make a mistake and crash into a pedestrian, a cyclist, or another car.
- Reckless driving: A driver who chooses to drive recklessly because of road rage or disobeys traffic laws by speeding or ignoring traffic signs creates a dangerous situation for others on the roadways.
For a free legal consultation with a Wrongful Death lawyer serving Gulfport, call 800-537-8185
Available Compensation in a Wrongful Death Lawsuit
Mississippi state law allows those bringing a wrongful death claim to receive payment for several different items, including:
- Medical bills for the decedent
- Expenses related to the burial or funeral
- Loss of the decedent’s financial contribution to the family
- Loss of care and guidance
- Loss of companionship
- Emotional trauma
- Pain and suffering
The Gulfport wrongful death lawyers at the Morris Bart law firm can explain what types of compensation are available to family members during a lawsuit like this. We can also gather facts in the case to show the types of losses your family has suffered because of the death of your loved one.
Eligible Parties to File a Wrongful Death Lawsuit
Choosing whether to file a wrongful death lawsuit can be challenging for a family. Many different people related to the decedent can file, including:
- A personal representative of the estate
Once a wrongful death lawsuit is filed, other family members can join the suit. However, this can be a complicated process. You may want the help of a Gulfport wrongful death lawyer, who can guide you through the processes and deadlines you must meet to keep the case moving forward.
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The Burden of Proof in a Wrongful Death Case
When you bring a wrongful death claim against a negligent party, it works similarly to a personal injury case. You must prove the following things:
- Responsibility: You must prove the responsible party owed the person who died a duty of care
- Proof: You must prove the actions or inactions of the responsible party were directly responsible for the death of your loved one
- Damages: You must prove the requested damages are appropriate and directly related to the death of your loved one
Understanding Duty of Care in a Wrongful Death Claim
During a wrongful death lawsuit, you will hear the term “duty of care” quite often. This term simply refers to one person or entity’s responsibility to not cause harm to another person.
Duty of care can involve:
- Operating a motor vehicle safely to avoid injuries to pedestrians or other drivers
- Providing employees with a safe work environment
- Giving a patient the medical care they need without causing undue harm
- Creating and selling a product that is safe to use for its intended purpose
- Maintaining a property that is safe for visitors
Your personal injury attorney will use evidence to prove that the at-fault party owed you a duty of care and that they breached it.
Is Hiring a Wrongful Death Attorney Worth It?
If your loved one suffered a fatal accident, your family might be left with outstanding medical debt. Most people can’t afford to pay these unexpected bills, and surviving family members could be left struggling.
A Gulfport wrongful death attorney can keep that from happening to you. Working with a lawyer protects your rights and often results in higher settlement payouts. Our Mississippi wrongful death lawyers have provided our clients with significant results.
We know your family is going through a hard time right now. The last thing you want is to argue with insurance. Wrongful death lawyers can negotiate with the insurance company of the negligent party on your behalf. Should the insurer be unwilling to come to a fair settlement in the wrongful death claim, we can stand by your side in court.
Call Morris Bart Law Firm Today
Our Gulfport wrongful death lawyers are ready to help you through this trying time. We hope to bring you closure and peace of mind after your loved one’s death by helping you achieve a sense of justice.
Call Morris Bart, LTD today or a free consultation. We work on a contingency fee basis, which means we will not accept payment for our services unless you receive a successful settlement or judgment.
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