When a loved one dies due to another party’s negligence, it is called a wrongful death. If you’re considering taking legal action, don’t wait! The wrongful death lawyers at Richard Schwartz & Associates Injury Lawyers, P.A. are here to help.
Greenville Wrongful Death Attorneys Offering Compassionate Advocacy for Your Family
The unexpected death of a loved one is always difficult, but it can be especially distressing when the death could have been prevented. When a person is killed as a result of someone else’s negligence, this is called a wrongful death. Surviving family members may have a right to take legal action on their deceased loved one’s behalf to mitigate financial and emotional damages. Richard Schwartz & Associates Injury Lawyers, P.A. is ready to help you in any way possible. Our Greenville wrongful death lawyers have over four decades of combined experience fighting for fair compensation. Let us handle any legal issues so you can focus on recovering during this difficult time.
Situations Where Wrongful Death May Occur
Unfortunately, accidents with fatal consequences can occur in a variety of situations.
Some common examples include:
- Car accidents
- Medical malpractice
- Truck accidents
- Slip and fall accidents
- Defective products
- Workplace accidents
Each of these scenarios can result in severe financial and emotional damages for the survivors. That’s why it is important to have a skilled wrongful death lawyer on your side.
Who Can File a Wrongful Death Claim in Mississippi?
Not just anyone can file wrongful death claims. Mississippi statutes specify that only certain relatives of the deceased may file a claim:
- A personal representative of the deceased person’s estate
- A surviving husband or wife
- A surviving parent or child
- A surviving sibling
A wrongful death lawsuit seeks compensation for the loss of the deceased family member — essentially, it is a personal injury lawsuit filed on the decedent’s behalf. Compensation from a successful lawsuit can include repayment for costs of medical care, funeral and burial services, loss of financial support and benefits, loss of companionship, and more.
What Is the Time Limit on Filing a Wrongful Death Claim?
It is important to note that the time limit for filing a wrongful death claim is usually three years from the date of the death. In order to file a successful claim, you must be able to prove that the defendant’s negligence caused your loved one’s death. This can be a difficult feat, but our experienced wrongful death attorneys will work diligently to build a strong case on your behalf.
Is a Wrongful Death Claim Handled as a Civil or Criminal Case?
A wrongful death claim is a type of personal injury lawsuit. This means that it is handled in civil court rather than criminal court. In a criminal case, the prosecutor tries to show that the defendant is guilty of a crime. The prosecutor does this by presenting evidence to a jury or judge. If the defendant is found guilty, they may be sentenced to prison or fined. For example, if a person is killed in a car accident caused by a drunk driver, the state may file criminal charges against the driver.
In a civil case, the plaintiff (the person bringing the lawsuit) tries to show that the defendant is responsible for the plaintiff’s losses. The plaintiff does this by presenting evidence to a jury or judge. If the defendant is found liable, they may be ordered to pay money to the plaintiff. A wrongful death lawsuit is a civil case that is filed by the family or estate of the person who died.
What Damages Can Be Recovered in a Wrongful Death Case?
It is important to understand that, in a wrongful death case, you are not suing for the emotional pain and suffering of the deceased. Rather, you are seeking damages for the losses that have been suffered by the family members left behind. This includes economic and non-economic damages.
Financial Damages That Can Be Recovered in a Wrongful Death Claim
- The deceased person’s medical expenses
- Funeral and burial expenses
- The cost of hiring someone to take care of the deceased person’s dependents
- Lost wages and benefits the deceased person would have earned if they had lived
- The value of the deceased person’s estate
Non-financial Damages That Can Be Recovered in a Wrongful Death Claim
- The pain and suffering the deceased person experienced before death
- The pain and suffering the survivors have experienced since the death
- Loss of consortium, or the loss of companionship, between the survivors and the deceased person
Is There a Cap on the Amount that Can Be Recovered?
The Mississippi state legislature has enacted a cap on wrongful death damages. This means that the total amount of money that can be recovered in a wrongful death lawsuit is limited to $1,000,000 for non-economic damages. However, this cap does not apply to economic damages.
If you have lost a loved one as a result of someone else’s negligence, don’t hesitate to contact a wrongful death attorney. Richard Schwartz & Associates is here to help you navigate the legal system in any way possible.
Contact a Greenville, Mississippi Wrongful Death Lawyer Today for a Free Consultation
While nothing can erase what your family has endured, taking legal action can provide you and your family with a sense of closure and justice that you deserve. Richard Schwartz & Associates Injury Lawyers, P.A. works hard to ensure that families throughout Mississippi are fairly compensated for their losses. Backed by 40 years of experience and a history of successful case outcomes, we’ve earned a solid reputation for the amount of skill and care we bring to each case we handle.
There is a limited amount of time you have to file a claim, so do not hesitate to contact us as soon as possible to discuss your case. Our wrongful death attorneys are ready to support you through every legal issue you may encounter. We’re here to help you understand your rights and how our law firm can help.
