The death of a loved one is a tragic situation. It is undoubtedly a painful and emotional time.. One of those emotions might be frustration, should the death of your loved one have been preventable.
When another person’s negligence results in your loved one’s death, you have the right to seek compensation. At the Morris Bart law firm, we understand that financial awards will never be able to truly compensate you for the loss of your loved one—but by taking legal action, you can hopefully help other families avoid having to go through the same situation.
You might find it helpful to seek assistance from a Gulfport wrongful death lawyer to hold the negligent party responsible for their actions. Call our team today at (228) 357-9621 for a free review of your case.
Understanding When a Wrongful Death Occurs
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 if a death is caused by any of the following:
- 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.
For a free legal consultation with a Wrongful Death lawyer serving Gulfport, call 800-537-8185
Accidents That May Lead to a Wrongful Death
Many types of accidents could result in wrongful death, including:
- Car accidents
- Truck 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. Call the Morris Bart law firm today at (228) 357-9621 for a free consultation with a member of our team.
Gulfport Wrongful Death Lawyer Near Me 800-537-8185
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 show that the responsible party owed the person who died a duty of care.
- Proof: You must show that the actions or inactions of the responsible party were directly responsible for the death of your loved one.
- Damages: You must show that the requested damages are appropriate and related directly to the death of your loved one.
Understanding Duty of Care
During a wrongful death lawsuit, you will hear the term “duty of care” quite often. This term simply refers to the responsibility of one person or entity 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.
Examples of Wrongful Death Car Accidents
In the state of 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 in a negligent manner—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 the death of another person.
- 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.
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Eligible Parties for 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 the lawsuit, including:
- Personal representative of the estate
Once a wrongful death lawsuit is filed, other family members can join the suit. However, this can be a difficult 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.
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.
Let Us Negotiate on Your Behalf
At the Morris Bart law firm, we 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.
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 the death of your loved one by helping you achieve a sense of justice.
Call our team today at (228) 357-9621 for 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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