Losing a loved one due to someone else’s negligence changes everything for you and your family. As you cope with your tragic loss, you may need a legal guide who can explain your options and protect your family’s future. If you are searching for a wrongful death lawyer in Gulfport, help is available.
At Diaz Law Firm, we empathize with those who are dealing with the loss of a family member as a result of another party’s actions. Our team has over 100 years of combined experience. If you want to file a wrongful death claim or lawsuit, we are here to help.
Our Gulfport personal injury lawyers can review your wrongful death case and discuss your legal options with you. To get started, request a free case consultation.
Compassionate Legal Help for Families in Gulfport, Mississippi
You may be grieving and juggling sudden expenses, insurance calls, and unanswered questions. Our wrongful death attorney in Gulfport wants to shoulder the legal burden for you. That way, you can focus on yourself and your family.
Our lawyer can evaluate your potential claims, identify any parties that may have contributed to your loved one’s death, and, if warranted, pursue full compensation for you and your family under Mississippi law.
What Qualifies as a Wrongful Death Under Mississippi Law?
A wrongful death occurs when a person dies because of another party’s wrongful act, neglect, or default. In practice, this includes fatal motor vehicle crashes, medical negligence, dangerous property conditions, unsafe products, and on-the-job incidents caused by third parties.
Mississippi allows certain eligible parties to file both a wrongful death claim and, in some cases, a survival claim for the conscious pain and suffering that a person experienced before their death.
Your Gulfport wrongful death lawyer can examine your situation and let you know if you may be eligible to file a claim or lawsuit following the loss of your loved one. They can also determine whether negligent hiring, negligent security, a defective product, or other factors may have played a role in your loved one’s death.
Who Can File a Wrongful Death Claim in Gulfport, Mississippi?
Under Mississippi law, a wrongful death action can be brought by the personal representative of the estate or by specific relatives such as a spouse, children, parents, or siblings, on behalf of all statutory beneficiaries. If multiple parties file, the cases are typically consolidated.
The recoverable damages in a wrongful death case can include final medical expenses, funeral and burial costs, loss of the deceased person’s earnings and benefits, and loss of companionship. In addition, your Gulfport wrongful death attorney can account for the present value of the life of the deceased person (decedent) under Mississippi statutes and case law.
What Is the Statute of Limitations for a Wrongful Death Lawsuit in Gulfport?
In Mississippi, the time limits for filing lawsuits vary. Most negligence-based wrongful death lawsuits in Mississippi carry a three-year statute of limitations. Medical negligence claims are often subject to a two-year period. Claims involving governmental entities generally require early written notice and a shorter filing window, sometimes one year.
There are exceptions and tolling doctrines. For example, the statute of limitations for filing a wrongful death lawsuit may be extended if a person’s death was not immediately discovered or if this individual’s beneficiaries are minors.
How Comparative Fault and Evidence Can Affect the Value of a Wrongful Death Case in Gulfport
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TALK TO A LAWYER NOWMississippi has a pure comparative negligence rule that can impact your case’s value. Due to this, a judge or jury can assign percentages of fault among all parties. Your recovery can be reduced by any fault attributed to the decedent.
Wrongful death lawyers in Gulfport can document safety violations, preserve digital data, and capture witness statements to use as evidence. In your case, they may build an argument focused on negligence. This argument may help a judge or jury see that the defendant may have committed a negligent act that contributed to your loved one’s death.
Should You Accept a Wrongful Death Settlement?
Many families prefer to resolve wrongful death cases without a trial. Wrongful death attorneys in Gulfport may engage in settlement negotiations with an at-fault party or their insurance company. They can keep their clients updated about these negotiations and if any offers are made.
If the defendant in your wrongful death case contests fault or disputes damages, litigation may be necessary. Your attorney can file your lawsuit promptly and remain open to settlement negotiations with the defendant. If no settlement is reached, your lawyer is prepared to argue your case in court.
Our Gulfport Wrongful Death Lawyers Are Committed to Fighting for the Rights of You and Your Family
You are worried about how your family will stay afloat financially after the devastating loss of your loved one. If someone else may be responsible for your loved one’s death, remember, you have access to legal guidance and support. Gulfport wrongful death attorneys can assess your case, and they may advise you to proceed with a wrongful death claim or lawsuit.
The personal injury lawyers at Diaz Law Firm are professionally trained to know the multiple layers of the law. We will work hard to help you and your family at each stage of your wrongful death case.
Allow our team to learn about your wrongful death case. Depending on your situation, we may be able to assist you with a wrongful death claim or lawsuit. To find out more, schedule a free case consultation.