Mississippi Wrongful Death Lawyers
Handling Wrongful Death Claims for Grieving Families
The sudden death of a loved one is a devastating loss, leaving the family struggling to accept the situation. It is even more upsetting and tragic when it’s discovered that the death was caused by someone else’s negligent or reckless behavior and could have been avoided. When this occurs, the close family has the right to pursue justice and compensation by filing a wrongful death claim with the help of a skilled attorney.
If you’re reeling from the unexpected death of a close loved one and have discovered it was caused by someone’s reckless or negligent act, you should contact Tannehill Carmean, PLLC, for legal advice. Our Mississippi wrongful death attorneys have years of experience guiding grieving clients through wrongful death actions, enabling them to recover damages. Call our trusted Mississippi wrongful death law firm today to learn how we can help you through the legal process of requesting fair compensation.
What is a Wrongful Death Claim?
A wrongful death claim is a legal action filed when another party causes the death of a loved one by acting in a negligent, reckless manner or with the intent to harm. These legal actions allow the surviving family members to seek justice and compensation for what occurred; the legal way to hold the responsible party accountable for their actions.
After all, the sudden loss of a loved one often comes with expenses that the family didn’t have time to plan for, such as medical bills, funeral and burial expenses, and lost wages. The point of filing a wrongful death claim is to recover any money you’ve had to spend due to your loved one’s death, as you should not have to be financially liable for a death caused by someone else’s negligence. You should also be compensated for the mental and emotional distress associated with losing a loved one, which is why most wrongful death cases pursue economic and non-economic damages for grieving relatives.
A wrongful death claim can be filed after a person dies in various types of situations, including but not limited to:
- Car accidents
- Commercial truck accidents
- Bicycle accidents
- Motorcycle accidents
- Pedestrian accidents
- Medical malpractice
- Intentional acts of violence
- Workplace accidents
- Dangerous products
- Dangerous medications
Whether you lost a loved one in a car wreck caused by a drunk driver or a workplace accident caused by unsafe machinery, you may be entitled to financial compensation. A Mississippi wrongful death attorney can review your circumstances to determine if you’re eligible to initiate a wrongful death lawsuit. Please contact our law firm to schedule a consultation with our compassionate legal team.
Who Can File a Wrongful Death Claim in Mississippi?
Under Mississippi law, only specific individuals have the right to file a wrongful death claim. These individuals include the following:
- The surviving spouse
- Children or other descendants
- Surviving parents
- Surviving siblings
- The personal representative of the deceased person
If the deceased’s surviving spouse is awarded compensation from a wrongful death claim, the settlement will need to be split between them and the deceased’s surviving children. If the deceased person did not have children or a spouse, their surviving siblings or parents can file a wrongful death claim.
When a person dies without a surviving spouse, child, parent, or sibling to collect compensation for their wrongful death, the personal representative handling their estate can do so. If you’re unsure if you’re eligible to file this type of personal injury claim in Mississippi, you should ask an experienced wrongful death attorney for the answers you need. Contact our law firm today to find out if you have a wrongful death lawsuit worth pursuing in this state.
What Types of Damages Can Be Pursued in a Wrongful Death Claim?
The legal process can be intimidating, especially when you’ve never filed a claim for financial compensation before. Before deciding if you should move forward with your case, you’ll want to make sure it’s worth your time, meaning you should have an idea of what kind of compensation you’ll get when the case is over.
Our skilled wrongful death attorney can tell you the economic and non-economic damages to expect from your case, depending on the extent of your losses. As you make plans to meet with a lawyer to discuss your specific circumstances, you should know that most wrongful death beneficiaries may be entitled to the following types of damages:
Economic Damages
If you’re facing costly bills after your loved one’s death, the economic damages you’re entitled to can pay them off, so you’re not in debt while you grieve. Some examples of common financial losses include funeral expenses, burial costs, and any medical costs incurred from medical staff trying to save your loved one’s life.
Economic claims can also cover any other actual monetary losses the family incurred as a result of the death. Such damages can include damaged property, the loss of income and services provided by the family member, and the loss of specific benefits.
Non-Economic Damages
These damages are paid to reimburse the family for the loss of companionship and guidance their loved one provided. While non-economic damages are more challenging than medical bills to quantify, the emotional devastation experienced by the family is by far the most difficult and shouldn’t be ignored.
Knowledgeable personal injury lawyers know how to add up the non-economic costs of an unexpected death caused by someone else’s negligence. Contact our law firm today if you have questions about such damages.
Punitive Damages
Punitive damages may be pursued by a surviving spouse, parent, child, or sibling if certain requirements are met. More specifically, if you and your lawyer can prove that the at-fault party acted with gross negligence or malice when the death occurred, you could get punitive damages.
The same may be true if you can prove the liable party exhibited willful, wanton, or reckless disregard for the safety of others, resulting in your loved one’s death. Keep in mind that punitive damages are relatively rare and are meant to punish the at-fault party to prevent them from repeating the same negligent, reckless, or intentional act in the future. A skilled lawyer can tell you if you’re likely to be awarded punitive damages, so call our law office today to discuss your case.
How Long Do You Have to File a Wrongful Death Claim in Mississippi?
Under the Mississippi wrongful death statute of limitations, you have three years in which to file a lawsuit for acts of negligence leading to wrongful death. If the act was intentional, the statute of limitations allows surviving family members only one year to take legal action.
When you consider the Mississippi wrongful death statute of limitations, it may seem that your family has plenty of time to file a claim. The only issue that comes into play is that success in these cases will require supporting evidence, which can take months or even years to compile and present in civil court if necessary.
The earlier the wrongful death lawyers at Tannehill Carmean, PLLC, can get involved, the better. All evidence proving negligence must be preserved, including vehicles, videos, and images. Additionally, it’s important to interview eyewitnesses before their memories of the tragic event fade.
Our Oxford, MS, law firm serves grieving families in all these urgent matters, managing them while they focus on what is most important: getting through the experience and caring for one another. If you want to leave the details of your wrongful death lawsuit to our capable team, call today to schedule a consultation.
What Are the “Caps” on Wrongful Death Damages?
There are strict limits on the amount of money you may be awarded in a Mississippi wrongful death lawsuit, depending on the types of damages you seek. Getting to know these caps is a good idea in case any apply to your civil lawsuit.
Under Mississippi law, non-economic damages, such as pain and suffering, are usually capped at $1 million. If you’re pursuing a medical malpractice wrongful death claim, these damages are capped at $500,000.
Generally, economic damages do not have a cap. This means you can expect to be compensated for your actual damages, including medical expenses, damaged property, lost wages, and funeral and burial expenses.
You deserve to be represented by a Mississippi wrongful death lawyer who will fight for justice for you. We are proud to have achieved a track record of favorable outcomes in personal injury claims and lawsuits over the past 20 years, serving the Oxford, MS, community and the state.
Our team at Tannehill Carmean, PLLC, is committed to offering compassionate support to families who have experienced the devastating and emotional loss of a loved one. We can help you seek justice and hold the responsible party accountable for their actions in monetary terms. Contact us for an initial consultation.
How is Negligence Proven in a Wrongful Death Case?
Winning a wrongful death lawsuit requires you to prove that the at-fault party’s negligent or reckless behavior directly caused your loved one’s death. Only then can you recover compensation for lost wages, medical expenses, and other costs associated with the sudden loss.
Experienced personal injury and wrongful death attorneys should be well-versed in the process of proving negligence, which involves establishing several elements. In general, a lawyer must prove that the defendant owed the deceased person a “duty of care,” proceeded to breach that duty, and that breach was the cause of death. ‘
An example is a drunk driver who had a duty of care to operate a vehicle in a manner that did not put others at risk of harm or death. By being drunk behind the wheel, the driver breached this duty of care, endangering others and violating Mississippi law. The lawyer must then establish that the breach was the cause of the car accident, which directly resulted in the death of the victim.
The team at Tannehill Carmean, PLLC, has won several wrongful death cases for surviving family members, so you can count on us to prove negligence in your case effectively. If you’re ready to bring a wrongful death claim against someone so you can pursue the maximum compensation for lost wages, funeral expenses, and more, call our Mississippi law firm today.
What Does the Process of Filing a Wrongful Death Claim Entail?
Wrongful death lawsuits can take time to resolve, as there are numerous steps for you and your lawyer to take before you can get the settlement you deserve. Consider the fundamental steps surviving family members and their wrongful death attorneys must take to pursue compensation after a wrongful death occurs in Mississippi.
Initial Consultation With Your Wrongful Death Lawyer
If you’re considering bringing a wrongful death lawsuit against the at-fault party so they’re held accountable for your loss, you first need to speak with our attorney to determine if the case could be successful. The initial meeting will allow you to discuss the details of what occurred and get your questions about how to proceed answered.
Hiring Your Attorney
Once you feel comfortable and confident in our ability to handle your case, our legal team at Tannehill Carmean, PLLC, will immediately begin working on your behalf. Our team will initiate a thorough investigation, which typically begins by reviewing medical records, accident reports, and police reports. We will also gather witness statements and consult with medical experts, accident reconstruction specialists, and other relevant professionals. In cases of wrongful death due to medical negligence, medical experts will be called upon to assess whether the doctor, nurse, or other medical professional breached the accepted standard of care.
Filing the Claim
A formal complaint will be filed in the jurisdiction where the death occurred. The complaint will outline the facts in the case and the amount of damages being pursued. It will also list all parties that can be held liable, after which it will be officially served. Once served, the defendant can respond, called an “answer.” At that point, the case has begun.
Hearings Scheduled
Next, a court hearing may be scheduled. At this hearing, the law firm representing the at-fault party and the lawyer for the wrongful death beneficiaries will need to be present to discuss how the case will proceed.
Discovery
This step is the pre-trial information exchange required by law. This part of the wrongful death case may involve interviews, requests for documents, and depositions, which are sworn statements by witnesses or experts.
Settlement Negotiations
The at-fault party’s legal counsel may offer a settlement at this phase. The first offer is typically much lower than the case is worth. The negotiation process is a critical aspect of a wrongful death claim, and the skills of your wrongful death lawyer could not be more crucial. You will be advised whether you should accept a settlement offer, which is always your choice.
Mediation or Arbitration
When a settlement can’t be reached, the court may request that the parties participate in mediation or arbitration. This is where both sides present information to resolve the case without the cost and resources associated with going to trial.
Trial
When a settlement can’t be reached, the case will go to trial in civil court. At trial, both sides present evidence. In most cases, defendants do all they can to avoid going to trial. For this reason, they often come up with a fair compensation offer before going to trial for their civil lawsuit, if not before.
Compensation Distribution
Once the settlement is agreed upon, the defendant must pay the settlement, which, in most cases, is an insurance company. This is typically the final phase of the process, whether it occurs in a settlement or a jury award.
Keep in mind that most wrongful death cases are resolved before a trial is necessary, with many cases settling within a matter of months. Others may take a year or longer to resolve, with some ending up at trial. When this occurs, you need a wrongful death lawyer who is confident and well-prepared in court. This is what you can expect when you hire our team to bring a wrongful death lawsuit against the liable party, so call our Mississippi law firm today to initiate your case.
Are You Ready to Call Our Trusted Mississippi Wrongful Death Lawyers?
The quality of your wrongful death lawyer is one of the most critical issues in how the case is resolved. At Tannehill Carmean, PLLC, we are honored to be considered a leading law firm in Oxford, MS, and to have our clients’ trust in us when it comes to such important and emotional issues.
Our attorneys bring exceptional talent to the negotiating table, confidently working out the terms of a settlement with opposing counsel. We are always fully prepared, persuasive, and focused on serving our clients’ interests at every phase of the process.
If you have questions about what defines wrongful death cases, what the wrongful death statute of limitations is, or how much your claim is worth, we encourage you to call our firm at 662-200-8734 for answers. We’ll work diligently to hold the responsible party accountable and secure the maximum financial compensation for you.
