The death of a loved one is always traumatic – especially when it is the result of another person’s negligence. No amount of money can bring back a family member, but a successful wrongful death claim may offer some much-needed financial relief.
In addition to the emotional loss, surviving relatives often have to deal with exorbitant medical costs, loss of income and funeral expenses. You may be able to recover these losses in a wrongful death claim.
If your loved one died because of another person’s negligent or reckless behavior, contact an accident lawyer as soon as possible. Over time, evidence can disappear, witnesses may change their contact details, and the statute of limitations could expire, in which case the courts would not hear your claim.
If the incident happened in Mississippi, contact a Biloxi accident lawyer from Morris Bart. We can handle the legal side of your wrongful death claim so you can focus on emotional recovery.
Call 800-537-8185 to schedule a consultation. Until then, read on for a brief overview of wrongful death claims in Mississippi:
What Is a “Wrongful Death?”
According to the Mississippi Code Ann. § 11-1-58, a wrongful death claim may arise when a victim dies as a result of someone else’s negligence or intentional harmful act. These claims can stem from a variety of situations such as:
- Murder: If the defendant deliberately committed the murder, then he or she may be liable for damages.
- Medical Malpractice: When a doctor or health-care worker makes an error that causes the death of a patient, he or she may be liable for damages.
- Car Accidents: If a driver’s negligent actions kill another person, then he or she may be liable for damages.
You can file a wrongful death claim for almost any kind of personal-injury situation. However, if the wrongful death occurred while at work, you may have to go through the Mississippi Workers’ Compensation Commission.
What Must I Prove in a Wrongful Death Claim?
As the plaintiff in a wrongful death claim, you face the same burden of proof as a plaintiff in a personal-injury claim. You must prove that the defendant owed the victim a duty of care. You also must prove that the defendant’s breach of this duty of care was a direct cause of the victim’s death. Finally, you will need to prove that the damages you are claiming relate directly to the victim’s death.
Proving a wrongful death claim can be a complex matter. Each case is unique. If the death resulted from medical malpractice, for example, then an independent medical examination may be necessary. Your accident lawyer may also reference expert testimonies, eyewitness testimonies, police reports and doctors’ records.
In some cases, making a civil claim against the at-fault party can save other people from the same misfortune. If your loved one died due to another person’s negligence in Mississippi, contact Morris Bart.
A Biloxi accident attorney will guide you through the claims process. Call 800-537-8185 to schedule a consultation.