The abrupt and unforeseen loss of a loved one in a tragic accident is among the most painful and traumatic experiences families face. The grief and outrage can be overwhelming when a person or company’s negligence causes a fatality. A dedicated personal injury attorney can be a valuable ally during this difficult time.
When the deceased supports the family, it leaves them with many financial uncertainties and anxieties. Mississippi tort laws allow you to seek monetary damages after losing a loved one in a wrongful death case. Meet with a compassionate Marshall County wrongful death lawyer to learn more.
Traffic accidents, such as those involving distracted or impaired driving, are the leading cause of wrongful death actions. Other causes include:
No matter how a fatal accident occurs, a Marshall County wrongful death attorney could investigate the details. This process includes speaking with witnesses and experts in the field, determining the at-fault party, and proving liability.
Wrongful death laws allow surviving family members or an estate to hold a negligent party financially accountable when actions would have been cause for a personal injury lawsuit. The case must clearly show that the defendant owed the deceased a legal duty to take responsible steps to prevent harming them. The evidence must also show the defendant breached their legal duty and the transgression caused the accident and fatal injuries.
Some of the essential statutory rules for filing a wrongful death lawsuit include the following:
The wrongful death statute of limitations dictates the maximum time to bring a civil claim. While certain circumstances could shorten or extend the expiration date, the Mississippi Code Annotated § 15-1-49 establishes that the estate must commence the action within three years.
The wrongful death statute gives the following parties the legal authority to pursue lawsuits:
While all of the individuals above have the legal right to bring a claim, only one should initiate legal action on behalf of the surviving family members or estate.
An award for damages in a wrongful death suit may include compensation for medical expenses for cause of action, burial and funeral costs, and lost wages the deceased would have earned. Further, they typically award noneconomic damages, such as pain, suffering, and loss of companionship. A wrongful death attorney in Marshall County could give more specific estimates and calculations after reviewing the case and all relevant evidence.
The last thing most people want to think about in the aftermath of a catastrophic accident and the death of a family member is legal filings or courts. However, when someone’s negligence causes severe bodily harm and death to others, you have the right to hold them accountable for their actions.
Unfortunately, there is a deadline for filing the suit, and investigating while evidence is still fresh provides the best chance for building a case to recover a settlement successfully. A knowledgeable and hard-working Marshall County wrongful death lawyer understands what you and your family are going through. Reach out to our team at Reaves Law Firm, PLLC and let us handle the legal work on your behalf. We are here to advocate for you and reach a favorable outcome.
