Losing a family member is always a harrowing experience, primarily if their untimely demise resulted from someone else’s wrongful act or negligence. Fortunately, Mississippi allows grief-stricken family members to file a wrongful death lawsuit and seek compensation from the party at fault.
But it’s not simple, especially if you don’t understand what the lawsuit entails because the process and relevant laws have numerous wrinkles that you should know about. Fortunately, experienced Hattiesburg wrongful death attorneys from Morris Bart’s law firm can help you navigate the justice system, beat the hurdles, and get what you truly deserve.
What does a Wrongful Death Lawsuit Entail?
You may have a legitimate wrongful death cause of action of someone else’s wrongful acts, or negligence causes a loved one’s demise. Mississippi’s wrongful death statute states that this claim includes:
- Any actual, unlawful, or negligent omission
- Unsafe machinery or appliances
- Breach of a products fitness warranty
- In effect, you can bring a wrongful death lawsuit in Hattiesburg when you lose a loved one because of the following:
- Dangerous premises
- Car accidents
- Medical malpractice
- Defective products
- Nursing home abuse or neglect
- Intentional acts like punching, stabbing, or shooting someone
Every wrongful death case is unique and brings its own set of hurdles. You cannot afford to seek justice alone, as this could reduce your chances of getting what you deserve. That’s why it makes sense to contact an experienced Hattiesburg wrongful death attorney.
For a free legal consultation with a Wrongful Death lawyer serving Hattiesburg, call 800-537-8185
The Challenges of Seeking a Legal Remedy Without a Hattiesburg Wrongful Death Lawyer
Wrongful death lawsuits, like personal injury claims, are based on the negligence concept. For a successful claim, you must prove that the party you’re blaming owed a duty of care but failed to provide it, and this caused your family member to lose their life. This requires sufficient evidence, which can be challenging to gather at your grieving moments.
Although these lawsuits help those grieving recover financial compensation, they’re relatively high valued and more complex. Also, due to the penalties for such negligent acts, the at-fault party will likely have an attorney helping them deny the claim and create robust defenses. Fortunately, you can avoid these hurdles by partnering with an experienced Hattiesburg injury attorney.
Why Should You Involve a Wrongful Death Attorney in Hattiesburg in Your Case?
It’s hard to take on the challenge of filling a wrongful death claim, and only a reputable attorney will increase your chances of a positive outcome. Generally, they’ll benefit you in the following ways:
- A wrongful death attorney has worked on numerous similar cases. They understand your current situation and offer the moral support and empathy you need throughout the claims process.
- An attorney understands your rights as the plaintiff of the lawsuit and will do everything to uphold them.
- They understand the legal process and will guide you all through so that you don’t make a mistake that can affect the claim.
- Wrongful death claims take time, and you cannot afford to do it yourself. An attorney understands all the legal loopholes to help you save money and time and address all the challenges on your behalf.
- With years of experience, your attorney understands the essential elements of a wrongful death claim and will fight for the claim’s actual value.
- As expert negotiators, your attorney will negotiate a fair settlement that includes all the relevant damages and ensure a shorter trial duration.
- They’ll take your wrongful death case to trial if the pre-trial negotiations fail to bear fruit and will use their networks and knowledge of their legal process to fight for the best outcome of your wrongful death claim.
- You don’t have to struggle with failing paperwork, extensive phone conversations, and attending court proceedings at this low moment. Your wrongful death attorney in Hattiesburg will work on the case and give you time to heal.
Who Can File a Mississippi Wrongful Death Lawsuit?
The state’s wrongful death statutes allow the following individuals to file wrongful death lawsuits:
- The executor (personal representative) to the deceased’s estate
- The deceased’s spouse
- Their surviving parents or children
- Surviving siblings to the deceased
The law allows only one wrongful death lawsuit, but all the above eligible parties can join in.
What Damages Are Possible in a Mississippi Wrongful Death Case?
In a successful Hattiesburg wrongful death lawsuit, the court might award damages to the deceased person’s loved ones. Under the law, the damages in this lawsuit can be classified into these categories:
- Economic damages – These damages are issued to compensate the quantifiable losses with a dollar value. This may include the victim’s medical costs, funeral and burial expenses, lost wages, or property damage.
- Non-economic damages – These are also called general damages and are meant to compensate for the more subjective types of harm with no direct value. Examples include pain and suffering, loss of consortium or companionship, emotional distress, and many more.
- Punitive damages – These are rare but can be awarded if the plaintiff proves that the wrongful death resulted from extreme negligence or malicious, deliberate acts.
State laws limit a plaintiff’s compensation amount from their wrongful death claim to $1,000,000. But if it was due to medical malpractice, the limit is $500,000. Notably, these limits don’t bind economic damages.
How Long Should You Wait to File Your Claim in Hattiesburg?
Every US state has specific rules determining how long you can wait to file a wrongful death claim. Hattiesburg residents must abide by the following Mississippi statute of limitation deadlines for wrongful death cases.
- If someone’s intentional act caused the demise of your loved one, you have one year to file the claim
- If the death resulted from negligence, you have three years to prepare your claim
Notably, these timelines begin on the date of death.
An Experienced Hattiesburg Wrongful Death Attorney Is Ready to Help
You don’t have to bear the challenges of filing a wrongful death claim alongside your current emotional state. An experienced wrongful death lawyer in Hattiesburg is ready to evaluate your case for free and guide you aptly.
to find a Morris Bart office near you.