After a fatal accident, you may be left trying to understand what happened while grieving someone you love. You also may be dealing with funeral and burial costs, lost household income, calls from the insurance company, and uncertainty about what happened.
Backed by more than 100 years of combined experience, our Biloxi personal injury lawyer will investigate the circumstances that led to your loved one’s death and explain the legal options available to you and your family. You do not have to understand the wrongful death laws in Mississippi before seeking help.
At Diaz Law Firm, our Biloxi wrongful death lawyer provides families with personal attention during an extremely difficult time. We are a local Mississippi law firm, and when you call, you reach a live person right away. Talk with us to learn what options may be available to your family and how we can help.
Our Biloxi Wrongful Death Attorney Can Explain Your Family’s Legal Options
Mississippi law allows certain family members to take legal action when a person dies because of another party’s wrongful or negligent conduct. A wrongful death lawsuit may address both what the person experienced before death and the losses suffered by surviving family members.
Mississippi law allows only one lawsuit for the same death, even when several family members have rights under the wrongful death statute. Our wrongful death attorney serving Biloxi can determine who has the right to take legal action and help family members understand how the case will proceed.
Who Can File a Wrongful Death Lawsuit in Mississippi?
The state’s wrongful death statute identifies the people who may bring the lawsuit. Depending on the family, this may include the deceased person’s spouse, children, parents, brothers or sisters, or personal representative of the estate.
Which family members receive damages can also depend on who survives the person who died. These issues can become more complicated in families with several possible beneficiaries.
Diaz Law Firm can identify the people with rights under Miss. Code Ann. § 11-7-13 and help the family address these questions before the lawsuit moves forward.
Proving Negligence Is a Key Part of a Biloxi Wrongful Death Case
A fatal accident does not automatically mean someone is legally responsible. A family generally needs evidence showing that another person or business failed to act with reasonable care and that this conduct caused the fatal injuries.
For example, a driver may have been speeding, looking at the phone, driving impaired, or ignoring traffic laws. In another case, a company may have failed to maintain safe equipment or a property owner may have left a dangerous condition uncorrected.
Our Biloxi fatal accident lawyer will gather records, photographs, video, witness information, medical records, and other evidence that helps explain what happened. When needed, Diaz Law Firm can also work with professionals who can help reconstruct an accident or address other technical issues.
Liability May Extend Beyond the Person Who Caused the Accident
Determining who is responsible for fatal injuries can be one of the harder parts of a wrongful death case. The person directly involved in the accident may not be the only party legally responsible.
Depending on what happened, liability could involve an employer whose worker caused a crash while performing job duties, a trucking company, a business responsible for unsafe property, a company that made a defective or dangerous product, or another person whose actions contributed to the accident.
Under Miss. Code Ann. § 11-7-15, damages may be reduced based on the percentage of negligence attributed to the injured person. The comparative negligence rule also applies when an injury results in death. At Diaz Law Firm, we investigate each potential source of liability so that the family can understand who may be responsible and why.
Fatal Accidents We Handle for Mississippi Families in Biloxi
Wrongful death can result from many types of preventable accidents. Our wrongful death lawyer serving Biloxi, MS, can review cases involving:
Car Accidents
A serious collision may become a wrongful death case when a driver’s careless or reckless conduct causes fatal injuries.
Commercial Truck Accidents
Fatal truck crashes can involve the truck driver, trucking company, maintenance providers, cargo companies, or other businesses connected to the vehicle.
Motorcycle Accidents
Motorcycle riders have little physical protection when another vehicle hits them. Fatal motorcycle accidents may involve brain and head trauma, severe internal injuries, spinal trauma, blood loss, or multiple injuries.
Dangerous Property Conditions
Property owners and businesses may face liability when an unsafe condition causes a fatal fall or another deadly accident.
Defective Products
Manufacturers and other businesses may be responsible when an unsafe or defective product contributes to a death.
Medical Malpractice
A wrongful death action may also arise when negligent medical care causes a patient’s death. These cases have special legal requirements and filing deadlines.
If you believe someone else’s actions contributed to your loved one’s death, talk with us about what happened and whether your family may have a wrongful death claim. Call for a free consultation.
Recoverable Damages May Reflect Financial and Personal Losses
No wrongful death lawsuit can replace the person your family lost. A wrongful death lawsuit instead can provide a way to hold a liable party financially accountable for losses recognized under state law.
Depending on the facts, damages may compensate for funeral and burial expenses, medical costs related to the final injury, lost earnings and financial support, and the loss of companionship and other personal relationships.
A case may also include damages connected to a deceased loved one’s injuries before death, including conscious pain and suffering when supported by the evidence. Mississippi’s wrongful death statute broadly permits recovery of damages suffered by the deceased and qualifying beneficiaries.
Mississippi Filing Deadlines Depend on the Type of Wrongful Death Case
The time available to take legal action can depend on what caused the death and the type of claim involved. Mississippi courts have also recognized that a wrongful death action may include different claims, and the time for those claims may not always begin on the same date.
Waiting too long could limit your legal options, which makes it important to find out what deadlines apply to your circumstances.
Our fatal accident attorney in Biloxi can review the relevant dates and determine which deadlines apply. When we talk with you, we will help you understand wrongful death claims in Mississippi and answer your questions.
Talk With Our Wrongful Death Lawyer in Biloxi About Your Family’s Options
Every family comes to us with a different story and a different loss. We take the time to listen, answer your questions, and understand what your family needs from us.
Diaz Law Firm has recovered more than $500 million for clients, while keeping client interaction and comfort at the center of the attorney-client relationship. When you call, you can reach a live person, and you may be able to speak directly with an attorney. Fighting for the injured: It‘s what we do. It‘s all we do.
Talk with our team today about what happened and the options available to your family. Our wrongful death lawyer in Biloxi will review the circumstances of your loved one’s death and explain what may come next. Call us for a free consultation. We are available 24/7.