Richard Schwartz & Associates Injury Lawyers, P.A. is a law firm dedicated to protecting the rights of families who need solid and unwavering support to get through challenging situations after the death of someone they love. Our legal team is here to defend your family’s rights and obtain justice and compensation.
We Are Here for Families in Columbus, Mississippi
The death of a loved one is an upsetting experience for the surviving family members. The family shouldn’t have to investigate their loved one’s death or fill out pages of legal documentation. It’s challenging to go through the legal procedures independently. If you have lost a family member due to the negligence or recklessness of another person, you will benefit from having an experienced wrongful death lawyer on your side. We take our attorney-client relationship seriously.
Obtaining the legal services of a wrongful death lawyer may help you avoid some of the stress associated with a fatal accident, allowing you to focus on more important things. Richard Schwartz & Associates Injury Lawyers, P.A., has been protecting the rights of families in Mississippi for more than 40 years. We are committed to fighting for justice and compensation for our clients, and we will not rest until we have achieved the best possible outcome for wrongful death settlements.
If you have lost someone close due to someone else’s carelessness, a personal injury attorney with experience in wrongful death can help you get fair compensation for your loss and emotional trauma. Contact us today to schedule a FREE consultation with one of our Columbus wrongful death attorneys. We will review your case and help you decide the best course of action.
What Qualifies for a Wrongful Death Claim?
Knowing that your loved one’s death was preventable is tough to handle. Families may also experience financial difficulties in the aftermath of a death. If family members were formerly reliant on the deceased for financial assistance, they might bring a claim against the negligent party to obtain compensation for their loss. A wrongful death lawsuit might be able to assist with some of the economic pressure.
What Are the Reasons to Pursue a Wrongful Death Claim?
The following are reasons individuals might pursue wrongful death claims:
- The defendant’s actions or lack of action cause the death.
- The death is due to the defendant’s negligence.
- Family members suffer financial loss as a result of the victim’s death. Medical costs, burial expenses, and lost income are examples of this.
Who Can File a Wrongful Death Claim in Columbus, MS?
Certain family members of the deceased person can bring a claim for wrongful death in Mississippi. These include:
- The personal representative of the estate
- Spouse
- Parent or child
- Siblings
The deceased’s spouse is usually the person who files a lawsuit for wrongful death. The compensated sum is split equally between the surviving spouse and the deceased’s children. A surviving parent or sibling might bring a wrongful death lawsuit if the deceased person was unmarried. If the deceased person had no spouse, children, or parents alive at the time of death, the executor of their estate might file a wrongful death lawsuit.
Is There a Time Limit for Filing a Wrongful Death Claim?
It is essential to know that there are time restrictions associated with wrongful death claims in Mississippi. Therefore, the sooner you speak with an attorney, the better your chances are of obtaining a successful outcome.
How Does Hiring an Attorney Help with My Wrongful Death Claim?
The facts and circumstances of each case are different. Calculating compensatory damages and negotiating a settlement might be difficult without the help of an experienced Columbus, MS wrongful death lawyer. Non-economic damages, such as the pain and suffering you experienced, are more difficult to appraise than economic losses, such as funeral expenses. The insurance company will try to give you a lower amount than you deserve, but families of wrongful death victims are entitled to adequate compensation.
A wrongful death lawyer will examine the evidence and determine a fair amount of compensation for your claim. The attorney may file a claim on behalf of the remaining family members and try to negotiate an out-of-court settlement with the defendant.
Settlements are typical in civil cases, yet there are times when the parties cannot reach an agreement. If this happens, a lawyer may file a wrongful death lawsuit on your behalf against the negligent party, and a jury will determine if and how much compensation you are due.
What Damages Can You Claim for Wrongful Death in Columbus, MS?
- Medical costs for the deceased before their death
- Funeral and burial costs
- Property damage
- Pain and suffering
- Loss of support and companionship
- Loss of consortium
- Lost wages and benefits the deceased would have earned and provided
What Are Common Causes of Wrongful Death?
There are many reasons a wrongful death can occur. However, some common causes of wrongful death are listed below:
Car Accidents
Drivers are held accountable for operating their vehicles in a way that puts others at risk. When someone drives under the influence of drugs or alcohol or they drive recklessly and cause an accident, they may be liable for wrongful death. A dangerous roadway or vehicle malfunction can also cause wrongful death.
Motorcycle Accidents
Motorcyclists are vulnerable to severe injury or death from an accident because they have little to no protection when they get into a crash. In addition, many drivers do not see motorcycles as they are driving, leading to deadly crashes. If you have lost a family member in a motorcycle accident, you may be able to file for wrongful death.
Truck Accidents
Truck wrecks are dangerous due to the size of trucks compared to passenger vehicles. The consequences of a truck accident can be devastating and sometimes deadly. In addition, multiple parties can be at-fault for a truck accident, including the driver, the trucking company, the truck or parts manufacturer, or the cargo company.
Pedestrian Accidents
Drivers who are not attentive to pedestrians or who are caught up in conversations while driving has the potential to crash and kill someone. Distracted driving is one of the leading causes of accidents in the United States.
Medical Malpractice
When doctors and other healthcare professionals fail to perform their duties correctly, patients may die. Hospital carelessness, medical or pharmaceutical mistakes, and a doctor or nurse’s mistake are all examples of negligence. This category includes birth injuries. Therefore, medical malpractice resulting in a fatality could become a wrongful death case.
Defective Medical Devices
Medical devices that have not been adequately tested or have a recall after being released to the public can cause serious injury or death. If you have lost a loved one because of a defective medical device, you may be able to file a wrongful death lawsuit.
Workplace Accidents
When a third party’s negligence causes a worker’s death, you may be able to pursue a wrongful death claim.
Many other accidents can cause wrongful death. At any time and under various circumstances, fatal injuries caused by intentional or unintentional acts may occur. If a family member died in an accident that was someone else’s fault, contact the Columbus wrongful death lawyers at Richard Schwartz & Associates.
What is the Statute of Limitations For Wrongful Death in Mississippi?
Mississippi law requires you to bring your wrongful death case within three years of the date of death. However, if you file a claim against a healthcare provider, the deadline for the claim is two years after the victim’s death. When someone else’s intentional wrongdoing causes the death, such as in an assault and battery case, the plaintiff must file a lawsuit within one year of the deceased person’s passing.
The laws and statute of limitations can vary depending on the circumstances. Therefore, it is essential to seek legal advice from an experienced Mississippi wrongful death attorney.
Trust Our Columbus Wrongful Death Lawyers
The wrongful death attorneys at Richard Schwartz & Associates, P.A. are here to help you through this difficult time. We understand the pain and loss you are feeling, and we want to help you get the monetary compensation your family deserves. Our personal injury attorneys have 40 years of experience working on wrongful death cases. Contact us today for a FREE case evaluation.
