- 1 Are you in need of a Wrongful Death Lawyer in Mississippi?
- 2 What is a Wrongful Death Case?
- 3 Here to Help Families Through Complex Wrongful Death Litigation
- 4 Filing a Wrongful Death Lawsuit in Mississippi
- 5 Time and Payout Limitations in Mississippi Wrongful Death Lawsuits
- 6 Who Can File a Wrongful Death Claim in Jackson, Mississippi
- 7 Jackson Wrongful Death Attorneys
Are you in need of a Wrongful Death Lawyer in Mississippi?
Few experiences in life are more painful than the death of a loved one. When death is needlessly caused by the negligence of another person, the pain is greatly magnified. Feelings of anger and injustice often linger as we wonder what would have been if our family member had not been taken from us so soon.
While suffering from the death of someone close to you, the thought of taking legal action may feel too painful to bear. However, it is vital that you keep in mind 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 wrongful death lawyer in Mississippi will help you move forward during your time of mourning.
A wrongful death lawsuit may be suitable for you if your loved one was killed due to the actions or negligence of another person. When many of us think of wrongful death, we think of fatal car accidents. While it is unfortunately true that Mississippians are killed in vehicle accidents due to the fault of others every day, wrongful death lawsuits may also be brought about due to the use of defective products, medical malpractice, and other causes.
More than any other type of lawsuits, a wrongful death case is deeply personal. If you’ve lost a loved one due to the negligence of another, the Germany Law Firm, PLLC will assist you with sensitivity and understanding. Unlike other law firms, the attorneys at the Germany Law Firm, PLLC only work with individuals and small businesses. We know a wrongful death lawsuit accompanies a time of extreme suffering, and we guide our clients in moving forward as we assertively fight for the compensation you are due. For a free consultation with one of our attorneys, contact us today at 601-487-0555.
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
In other words, wrongful death in Mississippi is a case that would have been appropriate for a personal injury lawsuit if death did not occur. Wrongful death lawsuits are brought forth on behalf of the deceased person by surviving family members. These cases are intended to provide the survivor with the necessary financial compensation required for them to manage expenses after the loss of their loved one.
As a wrongful death case is a civil case, rather than a criminal case they are handled in civil court. Car accidents caused by the negligence of another person are often the most common type of wrongful death cases. However, medical malpractice and defective products are more often the cause of wrongful death than generally realized.
The difference between wrongful death and 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, it is all too often that others neglect the safety of our fellow human beings, leading to a death that could have been avoided if only care and attention were practiced.
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 full compensation without the aid of legal representation. A wrongful death attorney in Mississippi will assist you in receiving compensation for the following, just to name a few:
- 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
Filing a Wrongful Death Lawsuit in Mississippi
In order for a wrongful death lawsuit to move forward, a family member who is entitled to compensation according to the law must file the suit. The first step is making contact with a knowledgeable wrongful death attorney. They will help you file the suit 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 that the duty of care was breached.
The lawyers at the Germany Law Firm, PLLC in Jackson, Mississippi are 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 of lawyers will take your case to trial and fight for the rights of your deceased loved one, allowing you to mourn. Providing you with a sense of justice once a settlement has been negotiated, is one of our goals when handling your case.
The Germany Law Firm’s attorneys understand the impact that sudden death can have on a family, as well as the severe financial setbacks that damages associated with the accident can cause their families. As experienced wrongful death attorneys, 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.
Time and Payout Limitations in Mississippi Wrongful Death Lawsuits
When it comes to 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. For a wrongful death suit based on negligence, the statute of limitations is three years, to file suit. These limitations mean that family members must move forward with their cases even while the mourning process continues.
Another restriction to keep in mind 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 the way medical bills and funeral costs are 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
It’s very important for families of wrongful death victims to be aware of these caps in order to fight for and receive their full compensation according to Mississippi law. The Germany Law Firm, PLLC is experienced in fighting for our clients to receive the full amount they are due under Mississippi law.
With almost forty years of experience, Bob Germany and his team of 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 other situations; children and teenagers are forever harmed by the loss of their parents at a young age in ways that are almost impossible to financially quantify.
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 all too well the suffering their loved one has experienced. This pain and suffering must be expressed and taken into consideration during a negotiation for a wrongful death settlement.
The Germany Law Firm’s team of Mississippi lawyers 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.
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 the topic of wrongful death 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:
- 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 additional parties who are due compensation for the loss of their family member.
Jackson Wrongful Death Attorneys
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.
The Germany Law Firm, PLLC in Jackson, Mississippi, has been assisting the families of those wrongfully killed for almost forty years. Our dedication to Mississippi’s families is clear in our aggressive approach to helping those who’ve lost loved ones receive the compensation they deserve.