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. In the midst of grief, it’s challenging to focus on the financial implications of your loss, yet these considerations are unavoidable.

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

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
  • Medical malpractice

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.

Wrongful death lawsuits can be filed by specific family members:

  • The surviving spouse
  • Children
  • Parents of the deceased
  • Siblings

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

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

In Mississippi, holding someone 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 had a responsibility to prevent harm to the victim. For instance, a doctor has an obligation to 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 bleeding to death due to the surgical error.

  • Damages: The injury led to damages, including financial hardship for the family due to the loss of the loved one.

In Hattiesburg, MS, if the deceased was partly at fault, comparative negligence may apply, 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 such as medical bills, funeral expenses, lost wages, and potential future earnings. These are typically straightforward for a seasoned wrongful death attorney to quantify.

Non-Economic Damages: Intangible losses like emotional distress, loss of companionship, and loss of consortium. 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.

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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