Losing a loved one is one of the most painful things a person can go through. The pain and emotional distress of loss can be enormous, and surviving families can also face great financial distress from losses related to the death.
If your loved one has died in an accident, you should speak to a personal injury lawyer in Brandon from the Diaz Law Firm. We understand the pain you are going through and will work tirelessly to secure justice and answers.
Our team has recovered over $500 million for deserving clients and has over 100 years of combined legal experience. Call us today to speak to a wrongful death lawyer in Brandon.
How Diaz Law Firm Can Help
Dealing with the aftermath of a death can take its toll on you emotionally and financially. Between funeral arrangements and settling affairs, most people don’t have the time or effort to navigate insurance claims and possible litigation.
Diaz Law Firm can handle the entire legal process of filing a wrongful death claim. From initial investigations to final insurance negotiations, we can be there to provide our legal knowledge and resources.
You deserve an attorney who will work for your interests and honor the memory of your loved one. Our compassionate and empathetic attorneys will investigate to find evidence of negligence and identify the liable parties responsible for your losses.
Wrongful Death Definition in Mississippi
A wrongful death in Mississippi is when any person dies due to the legal fault of another person. If someone dies and another person is legally to blame, the deceased’s surviving family may be entitled to recover financial compensation in a wrongful death lawsuit.
The manner of death doesn’t matter so much as whether the death was the result of another’s wrongdoing. The category of wrongful death covers both accidents (e.g., car accidents) and intentional actions. Below are common types of accidents that could justify a wrongful death claim:
- Motor vehicle accidents
- Slip and fall accidents
- Medical malpractice
- Negligent property maintenance
- Intentional actions
Wrongful Death vs. Criminal Homicide
Wrongful death can be distinguished from a criminal homicide. The same action can give rise to both. But wrongful death claims are a civil matter, while homicide is a criminal matter. No crime has to be committed for someone to bring a wrongful death claim.
The standards of evidence are also different between the two. Criminal trials use a beyond a reasonable doubt standard, but wrongful death claims operate on a lower preponderance of evidence standard.
Who Can File a Wrongful Death Claim in Brandon?
Under Mississippi law, the following parties are eligible to file a lawsuit after a wrongful death occurs:
- The deceased’s personal representative as named in their will and last testament
- The deceased’s surviving spouse, children, or parents
- The deceased’s surviving siblings
Compensation Available After a Wrongful Death in Brandon
Compensation from a wrongful death lawsuit is distributed among the deceased’s spouse, children, parents, and siblings, in order of decreasing priority. Depending on your circumstances, compensable losses may include the following:
- Medical bills. A wrongful death lawsuit can compensate family members and the deceased’s estate for medical treatment incurred before death. This includes hospitalization costs, prescriptions, and specialist care.
- Loss of financial support. Family members can also recover any work income the deceased lost due to their injuries and their loss of future income they would have earned if they’d survived.
- Funeral and burial expenses. A wrongful death claim must also pay for reasonable funeral and burial expenses.
- Non-economic damages. Surviving family members can claim compensation for pain and suffering the deceased experienced and their own emotional suffering and loss of companionship.
- Punitive damages. If the perpetrator displayed egregious or intentionally malicious conduct, surviving family members may also be able to recover additional punitive damages.
Mississippi caps certain types of damages in wrongful death claims. Pain and suffering damages are capped at $1 million and $500,000 in medical malpractice cases. However, there are no caps on economic damages (e.g., damages for explicit financial losses).
Time Limit for Filing a Wrongful Death Lawsuit
Mississippi law limits the amount of time you have to file a wrongful death lawsuit, according to the statute of limitations. The exact time limit can vary based on the specific circumstances of the accident.
Regardless of how much time you have, you need to act quickly. Even minor delays can make evidence collection difficult. A wrongful death lawyer in Brandon can initiate the claim process quickly to ensure you meet all filing requirements and deadlines.
Diaz Law Firm: Brandon Wrongful Death Lawyers
After experiencing loss, the grief can seem insurmountable. Things can be even more painful knowing the accident was avoidable. Diaz Law Firm can be your advocate and provide the legal and moral support you need in your trying circumstances.
Contact us online or call our offices today to schedule a free case consultation with a Brandon wrongful death lawyer.