Mississippi Wrongful Death Lawyers
Leading Oxford, MS Lawyers for Wrongful Death Claims and Lawsuits
The sudden death of a loved one is a devastating loss, leaving a family struggling to accept the situation. When the death could have been avoided, and another party was responsible, it is even more shocking–the death didn’t need to occur. When a death was caused by the negligent or reckless acts of another, the close family has the right to pursue justice and compensation by filing a wrongful death claim.
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.
Who Can File a Wrongful Death Claim in Mississippi?
Under Mississippi law, specific individuals have the right to file a wrongful death claim. These individuals include the following:
- The surviving spouse
- Children or other descendants
- Parents
- Siblings
- The personal representative of the deceased individual
What Types of Damages Can Be Pursued in a Wrongful Death Claim?
The surviving family members can pursue a set of damages in a wrongful death claim, including the following:
Economic Damages: The financial losses of medical care before death, burial expenses, and other actual monetary losses the family experienced in the death. The loss of income and services the family member provided can be pursued, as well as the damages for the loss of specific benefits.
Non-Economic Damages: These damages are paid to reimburse the family for losing the companionship their loved one provided. While these damages are more challenging to quantify, the emotional devastation experienced by the family is by far the most difficult.
Punitive Damages: In cases in which the at-fault party acted with gross negligence, malice, or exhibited willful, wanton, or reckless disregard for the safety of others, these damages can be pursued, although awarding them is a rare occurrence.
Types of Wrongful Death Claims
A wrongful death claim can be filed after a loved one dies in various types of situations, including but not limited to:
- Car accidents
- Commercial truck accidents
- Bicycle accidents
- Motorcycle accidents
- Pedestrian accidents
- Medical Malpractice
- Assaults
- Dangerous products
- Dangerous medications
How Long Do We Have to File a Wrongful Death Claim in Mississippi?
Under the Mississippi statute of limitations, acts of negligence leading to wrongful death are allowed three years in which to file a lawsuit. When the act was intentional, the statute of limitations allows for one year.
It may seem that your family has plenty of time to file a wrongful death claim. The only issue that comes into play is that success in these cases will require supporting evidence. The earlier our wrongful death lawyers at Tannehill Carmean get involved, the better, as all evidence proving negligence must be preserved, including vehicles, videos, and other images, as well as interviewing eyewitnesses interviewed before memories 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 each other.
What Are the “Caps” on Wrongful Death Damages?
Under state law, non-economic damages such as pain and suffering are usually capped at $1 million. Medical malpractice wrongful death claims cap these damages at $500,000. It is imperative to be represented by a Mississippi wrongful death lawyer who will work long hours to fight for justice. We are proud to have achieved a track record of favorable outcomes in personal injury claims and lawsuits over 20 years serving the Oxford, MS community and the state.
Our team at Tannehill Carmean is talented and dedicated and provides compassionate support to families facing the devastating loss of a loved one. We can help you seek justice and hold the responsible party accountable for what they have done in monetary terms.
What Does the Process of Filing a Wrongful Death Claim Entail?
These cases require time to resolve. The basic steps are as follows:
Initial Consultation With Your Wrongful Death Lawyer
It is vital to speak with our attorney to determine if the case could be successful. The first meeting will allow you to discuss the details of what occurred and get your questions about how to proceed answered.
Hiring Your Attorney
When you feel comfortable and can trust us to take on your case, our legal team at Tannehill Carmean moves into action. A thorough investigation is initiated, including reviewing medical records, accident reports, and police reports, gathering witness statements, and consulting with medical experts, accident reconstruction experts, and others. 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 correct jurisdiction—where the death occurred. The complaint outlines the facts in the case and the amount of damages being pursued and lists all parties that can be held liable. This complaint is officially served. Once served, the defendant can respond, called an “answer.” Once the complaint has been served, the case has begun.
Hearings Scheduled
A court hearing may be scheduled at which the law firm representing the at-fault party and the lawyer for the family who lost a loved one are present to discuss how the case will proceed.
Discovery
This step is the pre-trial information exchange required by law. This part of the case may involve interviews, requests for documents, depositions (sworn statements by witnesses or experts), and other information gathering and exchange.
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, Arbitration
When a settlement can’t be reached, the court may request the parties go to mediation or arbitration, 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. They often come up with a fair compensation offer before going to trial, 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 in a settlement or jury award.
Why Choose Tannehill Carmean for a Wrongful Death Claim?
The quality of your wrongful death lawyer is one of the most critical issues in how the case is resolved. At Tannehill Carmean, we are honored to be considered a leading law firm in Oxford, MS, and to have our client’s trust in 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 the interests of our clients at every phase of the process.
FAQ—Wrongful Death Cases in Mississippi
If We File a Wrongful Death Claim, Will We Have to Go to Trial?
Most cases are resolved before a trial is necessary. When there is no other option, your wrongful death lawyer from Tannehill Carmean is confident and well-prepared in court.
How is Negligence Proven in a Wrongful Death Case?
Negligence is proven by establishing several elements: It must be proven that the defendant owed the individual who died a “duty of care,” then breached that duty, and that the breach was the cause of death. An example is a drunk driver who is violating the law, endangering others, and 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, they breached this duty of care. Then, it must be established that the breach was the cause of the accident leading to death.
How Long Will It Take to Resolve a Wrongful Death Claim?
These cases vary in duration. Some may resolve reasonably quickly, as the evidence is clear. Others may be heavily contested and will take longer. Some are settled in just a few months, while others may take a year or longer to resolve.
Contact Us
Contact Tannehill Carmean to speak with our wrongful death lawyer about the incident leading to the tragic death of your loved one, and how the responsible party can be held accountable. Reach out to us online or by calling 662-236-9996 for help.
