Tort law is the area of the law where most civil suits are filed. The purpose of civil suits is to obtain financial compensation for losses or damages suffered due to others’ negligence. Tort claims aim to hold a party or entity that has done something wrong to another accountable for their actions. Personal injury and wrongful death claims are common tort claims.
When you have been wronged by another party’s reckless actions in Mississippi, such as in a car accident when the driver that hit you was speeding, you may have a case for compensation for the losses you suffered. To learn more, you can reach out to the trusted and skilled Jackson personal injury lawyers at Germany Law Firm, PLLC.
How Does a Plaintiff Show That Another Party is Responsible for The Loss of Their Loved One?
Surviving families who lost a loved one in some type of accident where another party’s careless acts were the cause, may be able to file a Mississippi wrongful death claim for compensation on behalf of the deceased. First, though, certain factors must be established including:
- It must be shown that the alleged at-fault party had some duty of care to the deceased.
- The duty of care that the alleged at-fault party had was violated.
- The actions that the alleged at-fault party took clearly were the reason that the wrongful death incident took place.
- Damages resulted from the ordeal.
It is necessary to review all of the details of the accident situation to determine if a duty of care existed. The particulars matter here. For example, if you are a driver you have a duty of care to others around you to be responsible for operating your automobile so you do not cause a crash that hurts another person. If you are speeding, driving while intoxicated, or if you are using your cell phone, for instance, and you hit another car, you breached your duty of care to them.
For wrongful death cases, causation is key. When it can be established that the duty of care that did exist was violated and because of this violation, your loved one lost their life, you have a good case for wrongful death. Everything from the police report, to the doctor's notes and medical records, can be used in conjunction with other valuable documentation to show that this is indeed what happened.
In a claim, the victim may include the costs of medical treatment for the deceased, property damages, loss of consortium, final expenses, pain and suffering of the deceased, and more. Your Jackson wrongful death attorney will be able to evaluate your situation to identify all damages that can be calculated into the value of your claim.
Speak to a Jackson Wrongful Death Attorney Today
Germany Law Firm, PLLC is dedicated to providing the highest quality legal services and support to victims who suffered losses from tragic wrongful death incidents. To discuss your case during a free consultation with the Jackson wrongful death lawyer at Germany Law Firm, PLLC, please call (601) 487-0555.