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Wrongful Death

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Mississippi Wrongful Death Attorneys

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It is an unfortunate truth that accidents can have tragic consequences. While losing a loved one is never easy, losing a loved one prematurely to tragedy can be a profoundly difficult experience. During these times, families often face tremendous emotional and financial challenges, and our civil justice system does not take that for granted. It is why families of victims lost to negligence and wrongful conduct have the right to take legal action and bring wrongful death claims.

Wrongful death claims are among the most important legal actions in our civil justice system, as they enable families to hold at-fault parties accountable for causing a loss that could and should have been prevented. Not only can these legal actions provide a sense of justice to families and set a standard that such conduct or negligence should never be tolerated, they can also allow families to secure financial compensation for their damages, which can be extensive.

At Richard Schwartz & Associates, P.A., our wrongful death attorneys based in Jackson, MS are passionate about protecting the rights of families who are facing the ultimate challenges, and who need bold and unwavering support to guide them through difficult times and tough legal journeys. By focusing on compassionate support and leveraging our decades of experience, our legal team is able to effectively fight for the justice and compensation families deserve.

Filing a Wrongful Death Claim in Mississippi

Mississippi’s wrongful death statute is contained in Mississippi Code § 11-7-13, and it establishes what constitutes a wrongful death, what parties are eligible to bring a claim, and what damages can be recovered. Under the statute, wrongful death is defined as a death caused by any of the following:

Wrongful death claims are similar to personal injury claims, with the exception that the victim of negligence is no longer alive. As such, certain family members of the deceased must bring legal action on behalf of their loved one. Under Mississippi law, the following relatives can file a wrongful death claim:

  • Personal representative of the estate
  • Surviving spouse
  • Surviving parent or child
  • Surviving siblings

Damages in Wrongful Death Cases

Eligible family members will file wrongful death claims in civil court, which means that the process is conducted separately from any criminal case, should there be charges filed against the party that caused the death. Unlike criminal cases in which there is the highest burden of proof and criminal penalties for wrongdoers who are found guilty of crimes, civil cases concern only whether a defendant’s negligent or wrongful conduct more likely than not caused death and would therefore be liable for victims’ damages.

When it comes to damages, wrongful death claims can secure a recovery of a families’ economic and noneconomic losses. These damages can include:

  • Any costs of medical care for the deceased prior to death
  • Costs of funeral and burial services
  • Property damage
  • Pain and suffering endured by the deceased’s loved ones
  • Loss of support and companionship
  • Lost wages and benefits the deceased would have earned and provided

These economic and noneconomic damages are not only important for compensating victims for their tremendous emotional injuries, but also for the very real financial burdens they face following the death of a loved one, including the loss of their financial support. Although these damages are available, they are not automatically awarded, which is why it is import to file effective claims within the statute of limitation and with the assistance of proven attorneys.

Request a FREE, Personalized Consultation Today

Over the years, Richard Schwartz & Associates, P.A. has been helping people in need across Mississippi. We have earned recognition for our focus on compassionate and personalized support, as well as the skills and resources needed to produce positive results. If you have questions about a fatal accident and wrongful death claims, do not hesitate to reach out for the help you need. Our attorneys are standing by to discuss your rights, potential case, and what we can do to help.

Call (601) 869-0696 for a FREE consultation with a Mississippi wrongful death attorney.

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