Giddens Law Firm
Losing a loved one to a wrongful death is never easy for anyone in Mississippi. But it’s especially hard when the family learns the death was caused by someone’s reckless or negligent actions. During this time of grieving, you’re probably more concerned about moving on from the loss than worrying about the expenses associated with the accident. But unfortunately, this is an issue you can’t ignore.
If you lost a loved one because of someone’s negligence in Mississippi, you may have a wrongful death lawsuit on your hands. For over two decades, the wrongful death lawyer at Giddens Law Firm has been helping suffering families with their personal injury claims. We will fight on behalf of your loved one to make sure they get the justice they deserve after an accident.
Wrongful death is the term used when someone’s negligent actions or their failure to act causes the death of another person. According to Mississippi law, if any person’s death is caused by “any real, wrongful or negligent act or omission,” that individual or company could be held responsible for that death.
Some examples of wrongful death include:
Wrongful death is a civil action rather than a criminal action. Since the person killed (decedent) cannot file suit or collect damages, it is the family or representatives of the estate that do so. The intent of a wrongful death case is to recompense family members who have suffered monetarily and emotionally from the death. Damages from wrongful death can be assessed for lost wages and benefits, loss of companionship, and emotional pain and suffering caused by the trauma of this death.
Only certain family members can bring a wrongful death lawsuit:
A defendant can only be held responsible for wrongful death in Mississippi if it can be proved that the defendant’s conduct was the cause of the death. It must be shown by your attorney that the death would not have occurred without the defendant’s act. The time between the defendant’s action and the wrongful death of the decedent is not a factor as long as it can be proved that the defendant’s action was the cause of death. To prove that negligence was the cause of your loved one’s wrongful death, the following will need to be proven by your attorney:
In Mississippi, if it can be shown that the decedent was partially responsible for his death, then he may be found to have comparative negligence. What this means is the wrongful death damages will be awarded based on the percentage of negligence imputed to the decedent. Also, if the decedent failed to seek appropriate medical care and that failure led to his death, there may be no grounds for a wrongful death claim or a reduction to a wrongful death award.
In a wrongful death claim in Mississippi, damages are assessed to compensate family members for their loss. There are many ways in which damages can be calculated. Since damages can be awarded in a number of areas, it is important to examine each one carefully. The most obvious loss in a case of wrongful death is the actual expenses created by the wrongful death-related accident, otherwise known as economic damages. This includes medical expenses, funeral costs, loss of wages, and loss of future earnings. These are usually easy to determine for an experienced Jackson wrongful death attorney.
Less obvious but equally important are non-economic damages. These wrongful death damages are more difficult to calculate since they’re subjective and do not lend themselves to empirical measurements. It is a measure of the emotional pain and suffering experienced by the survivors. Such damages include loss of companionship, emotional distress, and loss of consortium.
A final area of damages is punitive wrongful death damages. This is an amount awarded to punish the person who caused the death, rather than to compensate the survivors for a specific loss. It can typically only be awarded when the action of the wrongful death defendant was intentional or grossly negligent and is rarely awarded.
Giddens Law Firm has built an exceptional reputation throughout the state of Mississippi for relentless pre-trial preparation, case investigation, and use of the latest attorney technologies resulting in many significant jury awards and verdicts. If you or a loved one is in need of legal attorney assistance, call Giddens Law Firm at (601) 355-2022. The initial consultation is free of charge, and if we agree to handle your Missippi wrongful death case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds.
In many cases around Mississippi, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.
According to Mississippi law, a wrongful death claim may be filed by the decedent’s surviving family members. This includes the surviving spouse, parent, child, or siblings. In addition, a personal representative of the estate may be eligible to file the claim to benefit the family members. Those who are eligible to recover compensation all depend on whom the deceased has left behind. This includes:
In Mississippi, the statute of limitations to file a wrongful death claim is three years. Although this may seem like a large amount of time, it can easily disappear quickly. Evidence and memories easily fade away. That’s why the sooner you speak with a wrongful death lawyer at Giddens Law Firm, the more likely your claim will be successful.
Multiple parties can be held responsible for wrongful death. It all depends on what kind of negligence caused your loved one’s death. For example, if your spouse had died after being hit head-on by an 18-wheeler in Mississippi, you may be able to hold not only the truck driver responsible, but also the trucking company who hired the negligent driver, the manufacturer of the vehicle that created faulty auto parties, and any third party brokers who hired the company to deliver its goods.
Another scenario — if you lost a child in an auto accident with a drunk driver, you may be able to not only hold the driver accountable but file a wrongful death lawsuit against the establishment that served them alcohol.
Yes, even if the descendent did not have a source of income, you can still bring a wrongful death claim. Chances are you can still claim for other damages such as medical costs and pain and suffering.
It’s difficult to determine the length of a personal injury or wrongful death case. Some wrongful death cases can take a few months while other cases can take a couple of years. It all depends on the complexity of your claim and how willing the other party is to negotiate.
Unfortunately, it’s difficult to determine how much a claim is worth without first getting all the evidence regarding your claim. Once you hire our Jackson wrongful death attorney, we will get to work, investigating the matter and learn who was at fault for the accident. We will sit down with you and work out how much the accident cost you. Once we have all the information, we’ll be able to give you a rough estimate of how much your claim is worth.
If you lost a loved one because of the negligence or a careless act of another, you have the right to file a claim on their behalf. Contact our wrongful death lawyers today for a free consultation.