If your loved one was killed because of another party’s negligent or unlawful actions, you may be able to file a civil action for damages. This can help you recover compensation for your loved one’s lost income, medical expenses, and funeral costs.
To learn more about filing a wrongful death claim after losing a loved one, look to an Ocean Springs wrongful death lawyer from the Morris Bart law firm for support. Call us at (228) 357-9621 and let us perform your free case assessment today.
How Mississippi’s Wrongful Death Laws Apply to Your Case
You may be wondering if your loved one’s death constitutes a “wrongful death” under Mississippi law. A wrongful death claim is a legal action used to seek damages after someone was harmed by another party’s negligence or wrongdoing.
According to Mississippi Code Ann. §11-7-13, wrongful death refers to a death that is caused by:
- Another party’s negligent or wrongful conduct
- Unsafe machinery or appliances
- Breach of any warranty involving products intended for human consumption
A wrongful death claim may be appropriate after a death involving any of the following:
- Car accident
- Motorcycle accident
- Truck accident
- Bicycle accident
- Pedestrian accident
- Construction accident
- Workplace accident
- Birth injury
- Surgical error
- Pharmaceutical error
- A dangerous or defective product
- Dangerous medication
- Slip and fall
- An intentional act of violence
A Family Member or Representative Can File a Wrongful Death Claim
Only certain individuals may file a wrongful death claim in Mississippi, including:
- The decedent’s spouse
- The decedent’s parent or child
- The decedent’s sibling
- A personal representative of the decedent’s estate
Time Constraints for Mississippi Wrongful Death Claims
You should know that Mississippi law places certain time restrictions on wrongful death claims. According to Mississippi Code Ann. §15-1-49, the statute of limitations for wrongful death actions in Mississippi is typically three years. If you do not file your claim before the statute of limitations expires, you may be ineligible for damages.
For a free legal consultation with a Wrongful Death lawyer serving Ocean Springs, call 800-537-8185
How a Wrongful Death Claim Can Benefit You and Your Family
If you are grieving the loss of a spouse, sibling, parent, child, or another relative, you may wonder how legal action can help. A successful wrongful death claim can accomplish two important things: holding the at-fault party accountable for the death and recovering compensation.
At the Morris Bart law firm, we understand that compensation from a wrongful death claim cannot make up for the death of a beloved relative. However, financial compensation may help you financially recover.
Damages in a wrongful death claim are the losses—both financial and non-financial—suffered by the decedent’s next of kin. You may be able to recover compensation for past and future damages for:
- The decedent’s lost wages
- Medical costs the decedent’s injuries caused before their death
- The costs associated with the decedent’s funeral, cremation, or burial
- Property damaged in the accident
- Your own pain and suffering
- Loss of the decedent’s companionship
- Loss of inheritance
- Loss of parental support for surviving children
Mississippi law places limits or “caps” on some wrongful death cases. For medical malpractice cases, damages are capped at $500,000. For pharmaceutical claims and product liability claims, damages are capped at $1,000,000.
A Lawyer Can Help You Through the Wrongful Death Process
An Ocean Springs wrongful death lawyer from the Morris Bart law firm can provide legal support, guidance, and representation throughout your wrongful death case. Our team understands what you are going through and is committed to supporting you and building the strongest case possible.
To learn more about how we can assist you in a free consultation, call us at (228) 357-9621 now.
Exploring Your Legal Options
Many people are not aware of what their legal options are after losing a loved one. If their loved one was killed in a drunk driving accident or was otherwise the victim of a crime, they may assume that criminal charges are the only legal action that will follow.
Criminal charges may provide justice, but they do not provide financial restitution to the family of the deceased. A wrongful death claim may be brought in addition to or in the absence of criminal charges. Our attorneys can help you understand your rights and discuss all potential options.
Handling Communications with the Other Parties
The last thing you may want to do after a loved one’s death is deal with stressful conversations or negotiations. Our team can handle communications with the defense on your behalf so that you can focus on grieving your loss. We are prepared to send demand letters, prepare complaints and pleadings, and more.
Calculating Your Damages
You may not be sure what costs are recoverable through a wrongful death action. Our team can help to identify all of your damages and put value on your case. We will fight to get you the financial recovery you need. If we cannot achieve a settlement out of court, we can represent you at trial.
Investigating Your Case and Gathering Evidence
Our team can investigate the circumstances surrounding your loved one’s death and gather evidence that can strengthen your claim. The type of evidence we may use to build your case will depend on the type of case and who is liable.
For example, in the case of a fatal auto accident, we may gather evidence such as red-light camera footage, dash camera footage, police reports, and vehicle data. If your loved one died because of medical negligence, we may gather testimony from medical experts, your loved one’s medical records, and other available evidence.
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Get a Free Consultation from Morris Bart, LTD Today
If your loved one passed away and you believe that the death may have been avoidable, you can seek assistance from an Ocean Springs wrongful death lawyer from the Morris Bart law office. Call our office today at (228) 357-9621 for your free case evaluation.
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