Jackson, MS Wrongful Death Lawyer
Did You Lose a Loved One Because of Someone’s Negligence?
What is a Wrongful Death Claim?
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:
- A defective product or drug
- An accident with a truck or car
- Medical malpractice
Wrongful death is a civil action rather than a criminal action in the state of Jackson MS. 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:
- The spouse
- Parents of the deceased
How Can Wrongful Death Be Proven By Your Accidental Death Attorney in Jackson, Mississippi?
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:
- The wrongful death defendant had a duty to keep the victim safe from harm. For example, a medical professional is responsible for the safety and wellbeing of a patient they are treating.
- The wrongful death defendant failed in their duty. Using the medical professional as an example, while performing surgery on the patient, the surgeon nicks an artery but doesn’t notice the mistake.
- An injury occurred because of the wrongful death defendant’s breach of duty. The error had caused the patient to bleed out and pass away.
- The injury had caused damages. Because the patient had died, the family is now dealing with financial difficulties.
In Jackson MS, 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.
How Are Damages Determined By Death Lawyers in Your Mississippi Wrongful Death Claim?
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 in Jackson, MS 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 is Here to Help In Your Family’s Time of Need
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.
Frequently Asked Questions About Wrongful Death in Jackson, MS
Who Can File a Suit for Wrongful Death in Jackson, Mississippi?
- If the deceased left behind a spouse but no offspring, only the spouse will be awarded damages.
- If the deceased had a spouse and children, the damages are divided equally between the surviving spouse and children.
- If the deceased had no surviving spouse but children, the damages are divided equally among the children.
- If the deceased was unmarried and did not have any children, the damages will be divided equally among the surviving parents and siblings.
What is the statute of limitations for a wrongful death lawsuit?
Who Can Be Held Accountable for a Wrongful Death?
Can I File a Claim for Wrongful Death Even if the Deceased Never Worked?
How Long Will My Suit for Wrongful Death Last?
How Much Is My Claim for Wrongful Death Worth?
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