Mississippi Wrongful Death Attorney

Wrongful Death Lawyer in Mississippi

If another person's negligent, reckless, or careless actions caused your loved one's death, you must act quickly to protect your legal rights. Contact our Mississippi wrongful death lawyers at Germany Law Firm, PLLC, today.

Few experiences in life are more painful than the death of a loved one. When another person's negligent, careless, or reckless actions needlessly cause a person's death, the pain can be significantly magnified. Feelings of anger and injustice often linger as we think about the life of our loved one who was taken too soon.

While suffering from the death of someone close to you, the thought of taking legal action may feel too painful to bear. However, you must remember that you deserve representation and compensation for your loss.

The assistance of a wrongful death attorney can make all the difference in securing a sense of closure while assuring your financial security. The aid of a skilled Jackson, Mississippi wrongful death lawyer can help you move forward during your time of mourning.

A wrongful death lawsuit might be suitable for you if your loved one lost their life due to another person's carelessness, recklessness, or negligence. When many of us think of wrongful death, we think of fatal car accidents. Many Mississippians lose their lives in catastrophic accidents that occur because of the careless, reckless, or negligent actions of another driver. 

A wrongful death case can be more emotionally draining on the surviving family members who are left behind. If you've lost a loved one due to the negligence of another, Germany Law Firm, PLLC will assist you with compassion and understanding. Germany Law Firm, PLLC, works one-on-one with our clients to ensure the best possible outcome in your case. We know a wrongful death lawsuit accompanies a time of extreme suffering, and we guide our clients in moving forward as we vigorously fight for the compensation they are due. For a free consultation with one of our attorneys, contact us today.

What is a Wrongful Death Case?

Mississippi Code Section 11-7-13 defines wrongful death as a death caused by:
“Any real, wrongful, or negligent act or omission,”
“Unsafe machinery, way, or appliance,”
“The breach of warranty” of any item intended for human consumption

A wrongful death claim in Mississippi is an extremely complicated and complex legal action. Wrongful death lawsuits are brought forth on behalf of the deceased person by the surviving family members. These types of claims are intended to provide the bereaved with the necessary financial compensation required for them to manage expenses after the unexpected loss of their loved one.

A wrongful death case is a civil case, not a criminal case. Criminal charges may be filed because of a death resulting from the accident, but those charges will be dealt with in a different court. A car accident caused by another person's negligence is Mississippi's most common type of wrongful death claim. 

The difference between wrongful death, murder, or manslaughter is the question of negligence versus intention to harm or kill. We expect all drivers on the road, all doctors and medical staff, and all product manufacturers to treat the safety and wellbeing of others with utmost importance. Unfortunately, many people neglect the safety of our fellow human beings, leading to a death that could have been prevented.

How to Determine a Wrongful Death

If a person dies due to another person's actions, it can generally be considered a wrongful death. If you can prove that your loved one would have lived without the actions of the responsible party, you likely have a good chance of prevailing on a wrongful death claim.

Most Common Accident Types That Result in a Wrongful Death

Various types of accidents can lead to the wrongful death of another person. Some examples of wrongful death claims include:
  • Intentional Acts of Violence: When a person loses their life due to another person's deliberate act, it is a wrongful death. Even if a person is not convicted in a criminal case, the surviving family members can still bring a wrongful death claim in civil court.
  • Medical Malpractice: Medical malpractice is another example of a pursuable wrongful death claim. In these wrongful death claims, you may be able to pursue legal action against an individual, a hospital, or another entity. There are many instances where innocent patients lose their lives due to medical malpractice. Some common causes of fatal injuries for patients include surgical errors, missed diagnoses, and even anesthesia errors.
  • Auto Wrecks: Motor vehicle accidents are widespread causes of wrongful deaths in Mississippi. We see many innocent people lose their lives in truck accidents, car accidents, pedestrian accidents, and other types of vehicle collisions involving reckless drivers.
  • Slip and Fall: Close to 40,000 people are fatally injured in the United States due to slip, trip, and fall accidents. Many of these accidents occur in homes and businesses in Mississippi. Unfortunately, the majority of slip and fall accidents are a result of negligent property owners.
  • Drowning Incidents: Close to 4000 people lose their lives due to drowning incidents in the United States each year. In Mississippi, innocent people die while swimming in a pool because of lifeguard negligence, drowning incidents, and other accidents. In many cases, these accidents are entirely preventable.
  • Aviation Accidents: Accidents involving airplanes, helicopters, and other forms of aviation take the lives of hundreds of people in the country each year. Here in Mississippi, many people die from these unfortunate aviation accidents. Unfortunately, many aviation accidents are a result of negligence. Whether your loved one died due to a negligent pilot, a communication error problem, or another cause, our team will investigate and determine if a wrongful death lawsuit is a good option for your family moving forward.
  • Nursing Home Abuse: Every year, over 5 million people in the United States are abused while in nursing homes. Every year, many innocent people lose their lives due to being neglected, abused, and mistreated in nursing homes in Mississippi. Unfortunately, significant abuse can lead to fatal injuries for patients.
To be successful when filing a wrongful death claim against a negligent party, you will need to be able to prove liability. This is called meeting the burden of proof. You must be able to place the blame on the defendant in your case.

If a negligent, careless, or reckless action caused the death of your loved one, you'd have to prove that the defendant should have or could have acted in a different way, which would have prevented the death from occurring. For example, a medical professional using unsafe treatment methods on patients would be considered negligent

Wrongful death claims are incredibly complex. For this reason, you are encouraged to reach out to our Mississippi wrongful death lawyers at your earliest convenience. Our compassionate and knowledgeable lawyers at Germany Law Firm, PLLC, will be able to review the circumstances surrounding your loved one's death and determine if a wrongful death lawsuit will help your family. Schedule a free consultation today to get started on your case.

Filing a Wrongful Death Lawsuit in Mississippi

A bereaved family member entitled to compensation according to the law should speak with a skilled wrongful death lawyer before filing a lawsuit in an effort to move forward. The first step is making contact with a knowledgeable wrongful death attorney. They will help you file the claim in civil court and begin collecting evidence for the case.

The process of pursuing a wrongful death case in court is similar to the process of pursuing a personal injury case. The plaintiff, representing the decedent's estate, must present the burden of proof that negligence took place. The plaintiff must demonstrate that the defendant owed a duty of care to the plaintiff and breached the duty of care.

Providing you with a sense of justice once a settlement has been negotiated is one of our goals when handling your case. The legal team at Germany Law Firm, PLLC in Jackson, Mississippi, is skilled at demonstrating that the duty of care was breached and that the plaintiff lost their life due to the defendant's negligence. Our team will take your case to trial and fight for the rights of your deceased loved one, allowing you to mourn and move forward.

Germany Law Firm, PLLC understands the impact that sudden death can have on a family and the severe financial setbacks that damages associated with the accident can cause their families. We know how to negotiate a settlement that will cover the medical expenses, loss of income, funeral costs, and other damages brought upon by your loved one's premature death.

Strong legal representation can significantly affect your chances of prevailing on your wrongful death action. Our Mississippi wrongful death attorneys are available to meet with you for a free consultation at your earliest convenience so we can get started. 

Time and Payout Limitations in Mississippi Wrongful Death Lawsuits

When filing a wrongful death suit in Mississippi, time is of the essence. There is a statute of limitation of one year from the date of death to file an intentional wrongful death suit. These limitations mean family members must move forward with their cases while the mourning process continues. The Mississippi wrongful death statute of limitations is three years for a wrongful death suit based on negligence.

Another restriction in Mississippi is the cap on a non-economic payout for wrongful death suits. Non-economic refers to damages such as pain and suffering, which cannot be quantified in how medical bills and funeral costs will be calculated. In Mississippi, these caps include:

Up to $500,000 for medical malpractice
Up to $1,000,000 for product liability
Up to $1,000,000 for pharmaceutical-related wrongful death

According to Mississippi law, families of wrongful death victims need to be aware of these caps to fight for and receive their total compensation. Germany Law Firm, PLLC is experienced in fighting for our clients to receive the total amount they are due under Mississippi law.

With almost forty years of experience, Bob Germany and his team of Mississippi wrongful death attorneys realize the damage a loss of inheritance can have on a family's financial wellbeing. In the case of the death of parents of minors, the damage is even greater than in other situations; the loss of their parents forever harms children and teenagers at a young age in ways that are almost impossible to quantify financially.

Another situation that arises all too often is the case of someone who has suffered physically and emotionally for days or months in a hospital setting, fighting for their life, only to lose the battle. When the victim passes away, the family members understand the suffering their loved one has experienced. This pain and suffering must be expressed and considered during a negotiation for a wrongful death settlement.

Germany Law Firm, PLLC understands the myriad of ways in which a loved one's death affects an entire family. We will passionately and aggressively represent your family at trial, defend your rights, and fight for you as we negotiate a settlement to provide a sense of justice and closure for your family.

How Our Wrongful Death Lawyers Will Help You

If you have lost a loved one due to another person's actions, the last thing you want to do is worry about handling communication with the insurance company to get the money you need and deserve. For this reason, our lawyers at Germany Law Firm, PLLC, will do all this work for you.

Our Jackson, MS wrongful death attorneys will handle your claim to ensure your family can get justice. Our team will take various tasks off your shoulders and fight to help your family hold the person who is responsible for the death of your loved one to account.

Some of the ways that we will help you pursue your wrongful death lawsuit include:

  • Investigating: Our wrongful death lawyers will personally go to the site of the accident. We will gather evidence and information that support your claim. We'll even collect any available surveillance footage from homes or businesses nearby. We are committed to building the most substantial claim possible for you, so your family members can get justice.
  • Access to experts: We will work with experts who can re-create the accident whenever possible. Whenever necessary, we will have medical professionals testify on your behalf to prove that an act of negligence is the cause of death. Our lawyers will work with financial experts who can determine the total damages you face after losing a loved one.
  • Determine the value of your case: Our lawyers will gather evidence and information from various sources. We will work with financial experts who can prove the lost earnings that your loved one would have made had they been able to live and continue working. We will thoroughly investigate your accident to determine the total value of your case. 
  • Handling negotiations: Our lawyers will demand compensation from the insurance company on your behalf. We will present adequate evidence and information in support of our demand. We will demonstrate why you deserve every dollar that we are asking for.
  • Filing a wrongful death claim in court: If we cannot come to a settlement agreement, our lawyers will file your case in court. We will ensure that your wrongful death lawsuit, documents, petitions, and all evidence and information are filed promptly.
  • Representing your family members in court: Our lawyers will use all the evidence and information we gather to prove your case in court before a judge and jury. We will help your family get the money you need and demonstrate why you deserve the compensation that we demand.

Our Mississippi wrongful death attorneys will remain by your side throughout the entire wrongful death lawsuit process. We understand how difficult it is for families to move forward after losing loved ones. For this reason, our lawyers will not only fight to protect your legal rights, but we will also advocate on your behalf to ensure your best interests are protected. We will fight to help you obtain the outcome you expect and deserve. 

Schedule a free consultation with our Mississippi wrongful death attorney at Germany Law Firm, PLLC, at your earliest convenience so we can get started on your case. We handle wrongful death claims on a contingency fee basis, so you do not have to worry about paying any costs upfront.

Here to Help Families Through Complex Wrongful Death Litigation

When a loved one is killed due to the negligence of another person or company, it is an unfortunate fact that the surviving family members are unlikely to receive total compensation without the aid of legal representation. A wrongful death attorney in Mississippi will assist you in receiving compensation for the following damages:

Medical expenses remaining following the death of a family member
Loss of income, including potential income
Funeral costs
Loss of potential inheritance
Loss of parental guidance in the case of surviving minors
Pain and suffering

Although you have a period of up to three years to file wrongful death claims in Mississippi, it is in your best interest to act quickly. Waiting can jeopardize your chances of having the most substantial evidence possible for your claim. If this happens, you may not be able to make a full recovery.

Our Mississippi wrongful death lawyers at Germany Law Firm, PLLC, can help you pursue a wrongful death claim against the person responsible for your loved one's death. We will help you get the money that you need and deserve.

Schedule a free consultation at your earliest convenience so we can discuss your case and the legal options available to help your family members get justice.

Who Can File a Wrongful Death Claim in Jackson, Mississippi

The question of who can file a wrongful death claim on behalf of the deceased is one of the first topics that comes up when a wrongful death claim is discussed. In Mississippi, the personal representative of the deceased's estate is the primary individual or group of individuals who can file the lawsuit. These individuals may include, but are not limited to:

  • Surviving Spouse
  • Surviving Parent
  • Surviving Siblings
  • Surviving Children
  • Other official representatives of the estate

In the State of Mississippi, once a wrongful death suit has been filed by one party, other parties can petition to be included. A Jackson, Mississippi, wrongful death lawyer will be familiar with the process of filing on behalf of other parties that are due compensation for the loss of their family member.

Working With a Mississippi Wrongful Death Attorney

If you've lost a loved one due to a vehicle collision for which they were not at fault, a medical malpractice event, or a product or service that proved fatally defective, you deserve the representation of a compassionate, sensitive, yet assertive wrongful death attorney. While nothing can bring back your lost family member, obtaining the full restitution you are due by law can provide you and your family with a sense of closure and help you move forward.

Our Mississippi wrongful death attorneys stand by our client's side every step of the claims process, and we fight to ensure their best interests are protected. We understand that the vast majority of the clients that we represent have never been involved in a wrongful death claim before. For this reason, we help our clients understand what is taking place every step of the way.

Germany Law Firm, PLLC in Jackson, Mississippi, has assisted the families of those wrongfully killed for almost forty years. Our dedication to Mississippi's families is apparent in our aggressive approach to helping those who've lost loved ones receive the compensation they deserve. Contact the Mississippi wrongful death lawyers today by calling 601-401-6884. We offer free, no-obligation consultations, so don't wait to contact us.

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