Different Types of Wrongful Death Claims and How to File

Different Types of Wrongful Death Claims and How to File

An unexpected death is one of the most difficult experiences that you may ever have to go through. On top of that, you are likely to find yourself with funeral and medical-related expenses you cannot pay for. Of course, you may not have to if your loved one’s death was caused by the negligence of someone else or a company. There are a variety of reasons wrongful death claims are filed. Talk to a Jackson wrongful death attorney to see what your options are.

When Can I File a Wrongful Death Claim?

You can file a wrongful death claim when your family member or close loved one passed away due to the negligent actions of a third party. This third party could be one person or a company that produced a defective product.  These are what determine the type of wrongful death claim you will file. Common types of wrongful death claims include causes of death related to:

  • Car accidents
  • Slip and falls
  • Medical malpractice
  • Domestic violence
  • Elder or nursing home abuse
  • Workplace accidents
  • Defective products or medications
  • Defective medical devices

Types of Wrongful Death Claims

The party you sue depends on which one of these fits your situation. If your loved one passed away in a car accident, you will be suing the driver. However, if your loved one passed away from a defective medication, you will need to figure out whether to sue the pharmacist or the manufacturer.

If you are unsure who to sue, try contacting a Jackson wrongful death lawyer for guidance. A lawyer can help you figure this out along with any evidence you need. Your lawyer will be able to help you prove the vital elements of any wrongful death claim:

  • Negligence
  • Breach of duty
  • Causation
  • Damages

What Can Prevent Me from Filing a Wrongful Death Claim?

There are certain barriers and exceptions when it comes to wrongful death claims. Two wrongful death claim exceptions revolve around immunity from being sued. Family immunity means you cannot file a wrongful death lawsuit against one of your own family members. Sovereign immunity means you cannot sue the government for wrongful death.

Not all states still apply these immunities from being sued for wrongful death claims. Consider asking a lawyer whether this could be used against your claim. Different circumstances surrounding what happened may or may not impact this.

You also have to battle the statute of limitations in Mississippi which varies depending on what caused your loved one’s passing. Once the statute of limitations is up, you will not be able to file your lawsuit for compensation.

Lastly, you may have to defend your claim if the negligent third party decides to dispute your claim. Some third parties, especially large companies, will go to great lengths to disprove what really happened.

Wrongful Death Attorney in Jackson

Surviving the ongoing financial struggles of managing your spinal cord injury can become overwhelming. You can call the Germany Law Firm, PLLC by dialing (607) 487-0555 to talk to a Mississippi wrongful death lawyer for a consultation today. Our legal team can help increase your chances of receiving compensation for your medical bills, pain and suffering, and lost wages. We can be found throughout Jackson, Madison, Gulfport, Oxford, and other cities in Mississippi.