Have You Suffered the Loss of a Loved One Due to Negligence?

The pain of losing a loved one is immeasurable, and in Hattiesburg, Mississippi, it’s particularly heart-wrenching when their death is the result of someone else’s carelessness or reckless behavior.

If negligence has robbed you of a family member, you may be entitled to pursue a wrongful death claim. At Giddens Law Firm, our Hattiesburg wrongful death lawyers have provided compassionate legal support to bereaved families since the early 1990s, ensuring that justice is sought for the departed and surviving family members.

Understanding Wrongful Death Claims

A wrongful death claim arises when a person dies due to the negligent or wrongful actions—or inactions—of another. Under Mississippi law, the responsible individual or entity can be held liable if their conduct leads to someone’s death.

Instances of wrongful death may involve:

  • Faulty products or medications
  • Vehicular accidents involving trucks or cars, a wrongful act, fall accidents
  • Pedestrian accidents, bicycle accidents, an intentional act, or unsafe machinery

In Hattiesburg, MS, wrongful death claims are civil matters. Since the deceased cannot initiate legal proceedings or collect damages, this responsibility falls to the family or the estate’s representatives. The aim is to compensate the relatives for both financial and emotional losses, including the deceased’s potential earnings, the companionship they provided, and the emotional distress resulting from their untimely death.

Specific family members can file wrongful death lawsuits:

  • The surviving spouse

Suppose you’re navigating this difficult time and believe a wrongful death claim is warranted. In that case, our attorneys at Giddens Law Firm are here to guide you through the process with sensitivity and expertise to identify the responsible party.

Proving Wrongful Death in Hattiesburg, Mississippi: The Role of Your Attorney

In Mississippi, holding the negligent party accountable for wrongful death hinges on proving that the individual’s actions directly led to the death. Your attorney must demonstrate that the death would not have occurred but for the defendant’s conduct, regardless of the time elapsed between the act and the death. Establishing negligence in a wrongful death involves proving several elements:

  • Duty of Care: The defendant was responsible for preventing harm to the victim. For instance, a doctor must maintain their patient’s health.
  • Breach of Duty: The defendant failed to fulfill their duty. For example, if a surgeon accidentally cuts an artery and fails to notice it.
  • Causation: The breach of duty resulted in injury, such as the patient dying due to the surgical error.
  • Damages: The injury led to damages, including financial hardship for the family due to losing a loved one.

In Hattiesburg, MS, comparative negligence may apply if the deceased was partly at fault, reducing the compensation based on the deceased’s share of fault. Furthermore, if the deceased did not seek necessary medical care, which contributed to their death, it could negate or diminish the wrongful death claim.

Calculating Damages in Hattiesburg Wrongful Death Cases

Damages in a wrongful death claim are meant to compensate the bereaved family. There are several types of damages:

Economic Damages: Tangible losses include medical bills, funeral expenses, lost wages, and potential future earnings. A seasoned wrongful death attorney typically can quantify these straightforwardly.

Non-Economic Damages: Intangible losses like emotional distress, companionship, and consortium loss. These are subjective and harder to measure.

Punitive Damages: In rare cases, if the defendant’s actions were intentional or grossly negligent, punitive damages might be awarded to punish the wrongdoer rather than to compensate for a loss after a victim’s death. Your lawyer will hold the responsible party accountable

Each category requires careful consideration to ensure fair compensation. An experienced wrongful death attorney in Hattiesburg will meticulously evaluate all aspects to determine the rightful claim.

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