The unexpected death of a loved one may be devastating, regardless of how it happens. Filing a lawsuit is not a top priority when you’re mourning the death of a lost loved one. Still, our Tupelo wrongful death attorneys understand that obtaining compensation for the losses you incurred may be essential to relieve your emotional and financial stress. If another person’s negligence or deliberate conduct caused the death of your loved one, we’ll help you get justice from the negligent parties. Our highly regarded attorneys have a track record of obtaining compensation to help surviving relatives recover from their losses.
How Are We Paid?
We work on a contingency basis and don’t get paid until you receive compensation. So contact us today, either online or at 601-401-8066, to get your FREE case evaluation.
What Is a Wrongful Death?
According to Mississippi Code section 11-7-13, a “wrongful death” is any death caused by:
- a real, wrongful, or negligent act or omission
- unsafe machinery, way, or appliance
- breach of any warranty of fitness of a commodity intended for human consumption that would have entitled the deceased individual to recover damages under a personal injury lawsuit for their resulting injury or illness had they survived
A wrongful death lawsuit may be brought in Mississippi on behalf of a deceased person if they would have qualified to file a personal injury claim had they survived.
A Wrongful Death May Occur in a Variety of Ways
- Motorcycle accidents
- Car crashes
- Truck accidents
- Slip and falls
- Medical malpractice
- Construction site injuries
- Workplace accidents
- Accidental drowning
- Defective products or dangerous drugs
- Poorly maintained property
At Richard Schwartz & Associates, our Tupelo wrongful death lawyers can examine the circumstances that led to your loved one’s death and advise you whether you have a viable claim. We provide a FREE legal consultation to every client, which allows us to go over the process in detail with you.
What Takes Place in a Wrongful Death Claim?
Wrongful death claims are different from other civil cases in that there are several components within the circumstances of a case that influence their success. The most common form of lawsuit is an intentional-infliction action. In this scenario, you must show the insurance or court that the at-fault person caused your loved one’s death by unlawfully injuring them.
Our attorneys at Richard Schwartz & Associates have represented other families like yours in cases involving careless conduct and reckless intent to harm.
Proving negligence involves several steps. Our experienced Tupelo lawyers will demonstrate the following to the court:
- The defendant had a duty of care.
- Their actions breached that duty.
- That breach caused an accident.
- Damages and injuries occurred to the plaintiff.
- The plaintiff died due to those injuries.
Keep in mind that some of these criteria will vary somewhat if you bring a wrongful death claim for assault or a defective product. This is why you should contact Richard Schwartz & Associates Personal Injury Lawyers, P.A., about your case. We can help you determine whether or not you have a viable wrongful death claim.
Examples of Wrongful Death Situations
Wrongful death claims are brought in a variety of circumstances frequently as a result of another person’s carelessness, actions, or decisions. The following are just a few examples:
Automobile accidents are the most frequent reason for a wrongful death claim. This includes motorbikes, pedestrian incidents, truck collisions, and even boat accidents.
Medical and Nursing Home Malpractice
This category covers anesthesia mistakes, nursing home abuse or negligence, missed or incorrect diagnoses, and other mishaps.
If a worker is killed on the job due to someone else’s negligence, their family may be able to file a lawsuit against the business. If machinery manufacturers are held liable, they would also be responsible for any injuries caused by their equipment.
Firefighters and warehouse staff are frequently exposed to conditions that put their lives at risk. If another person’s negligence caused the death of a loved one, family members could pursue a third-party wrongful death claim in addition to workers’ compensation.
Intentional acts of violence that result in harm, such as assault and reckless endangerment, are frequently eligible for a wrongful death lawsuit.
Defective products harm, maim and kill people. Deaths caused by these circumstances may occur, and they deserve compensation.
Slip, Trip, and Falls
The most frequent cause of death among those involved in a slip, trip, or fall accident is traumatic brain injuries. The elderly and minors are the most typical victims of these events.
Who Can File a Mississippi Wrongful Death Claim?
In Mississippi, certain family members of the deceased person might bring a wrongful death suit. These are:
- A personal representative of the estate
- Surviving spouse
- Surviving parent or child
- Surviving siblings
The deceased person’s spouse is most often the plaintiff in a wrongful death lawsuit. The monetary compensation is shared equally amongst the surviving spouse and children if there are any kids. If the decedent was single, a surviving parent, sibling, or other relatives may bring a wrongful death case.
Why Should You Hire a Wrongful Death Lawyer?
At Richard Schwartz & Associates, we defend the rights of accident victims in Tupelo, Mississippi. We’ll walk you through each stage of the legal process if we accept your claim. If you have a lawsuit and we’re your attorneys, we’ll do everything in our power to get the money you deserve, which may include the following:
- Thoroughly investigating the accident
- Gathering evidence to help build a strong case
- Corresponding directly with the insurance carriers on your behalf
- Utilizing our knowledge of state law to your advantage
- Accurately assessing the value of your claim
- Negotiating fair compensation on your behalf
- Keeping you informed about your case
Steps for Proving Negligence
To make a convincing case, the attorney must show that a different person’s negligence or intentional action caused your loved one’s untimely demise.
Our attorneys have significant expertise with Mississippi wrongful death laws, and we know what it takes to establish the necessary elements of negligence in a wrongful death lawsuit. To do so, your attorney must show that:
- One or more individuals had a duty to meet a standard of care with the deceased.
- The duty to provide this standard of care was breached.
- The breach was the direct cause of death.
How Much Is Your Case Worth?
The amount of money paid for claims varies widely, depending on the circumstances. We understand that no amount of money can restore your loved one; however, financial compensation can help offset the stress of your loved one’s final medical bills, funerals costs, missed income, and more.
Some of the Most Frequent Recoverable Damages:
- Compensation for lost income
- Medical bills, funeral expenses, and other expenses associated with a death
- Lost benefits of the deceased such as insurance and retirement
- Pain and suffering
- Loss of emotional support
- Loss of consortium
- Loss of care, protection, and guidance a child or spouse would have received from the deceased
- Property damages (if applicable)
In cases where gross negligence or a reckless or intentional act was the cause of death, punitive damages may also be appropriate. Punitive damages are intended to punish the defendant and discourage others from repeating similar behavior.
Our Tupelo wrongful death lawyers are aware of the difficulties of losing a family member, and we’re ready to fight for you to get the compensation you deserve.
Mississippi Wrongful Death Statute of Limitations
The statute of limitations is the length of time individuals have to file a lawsuit following an accident. These time limits vary from state to state.
In Mississippi, two separate time limits apply to wrongful death cases:
- If the death was the result of an intentional act, the claim for wrongful death must be filed within one year of the date of death.
- If the death was caused by negligence, the wrongful death claim must be filed within three years of the date of death.
Helpful Resources for Grieving Families
Finding a specialized grief program could be beneficial after the death of a loved one. Adults grieve differently than children or teenagers; it may be challenging for a parent to comprehend what their child is going through while dealing with their own loss.
Some resources, both in Tupelo, Mississippi, and nationally include:
- The Children’s Bereavement Center
- National Alliance for Grieving Children
- American Red Cross
Speak With Our Tupelo, Mississippi Wrongful Death Attorneys Today
Our attorneys at Richard Schwartz & Associates have assisted many families who have lost a loved one. We can help you obtain the compensation you need to get back on your feet. In our 40 years of experience, our lawyers have obtained millions of dollars in compensation for wrongful death victims in Mississippi.
Our lawyers will provide you with an accurate appraisal of your claim and a plan for how to proceed. Don’t hesitate to contact our law offices to learn more about how we can help. We are available for a FREE, no-obligation consultation. If you decide that Richard Schwartz & Associates is the right team to represent you, there will be no upfront costs — we don’t get paid until you get paid.