What Defines a Wrongful Death?
Under Mississippi law, a wrongful death is a death that was caused by the negligence or wrongful act of another person or company. It can occur when a person is killed in a car accident caused by another driver’s negligence or when someone is killed due to hazardous working conditions.
Wrongful death claims are complex legal issues that require outstanding lawyers to handle. One way to better understand how a wrongful death claim works is to compare them to personal injury cases.
When an injured person is harmed in an accident due to another person’s actions, they can file a personal injury claim against the responsible party. If the person passes away, the ability to file a legal action is passed on to the surviving family member of the deceased victim.
If you have lost a loved one due to another person’s actions, you may be able to file a wrongful death lawsuit. Contact a Hattiesburg personal injury attorney at Mama Justice to get the justice you deserve.
What are the Elements of a Wrongful Death Claim in Mississippi?
The tragic and unexpected death of a loved one can be emotionally devastating. If your loved one’s death was caused by the misconduct of another person, you might be able to file a wrongful death claim.
A wrongful death claim in Mississippi is a civil action that arises when someone dies due to another person or entity’s wrongful act or omission. To successfully file a wrongful death claim in Mississippi, you must be able to prove four key elements. These elements include:
- Duty of Care: Duty of care is the first essential element of any wrongful death claim. This refers to a person’s responsibility to act in a way that doesn’t put another person in danger. This duty of care may be owed to the deceased themselves or to others who were closely connected to the deceased.
- Breach of Duty: This refers to the failure to exercise due care when performing an act. It means that the defendant failed to take reasonable steps to ensure the victim’s safety. To succeed in a wrongful death claim, the plaintiff (the person bringing the claim) must prove that the defendant (the person or entity being sued) breached their duty of care.
- Causation: To prove causation, you must be able to prove that the deceased’s death occurred as a direct result of the wrongful act or omission. This can be difficult, as it requires proving a connection between the defendant’s conduct and the victim’s death. The surviving family members must be able to prove that the
- Damages: The surviving family members of the deceased must be able to prove that they suffered damages as a result of the death. They may be ablest to claim compensation for these damages. It is essential to understand your options and work with an experienced wrongful death attorney to get the maximum compensation available.
Proving negligence in a wrongful death claim can be a complicated process, but our Hattiesburg wrongful death lawyers at Mama Justice can help you through it. Our Hattiesburg personal injury lawyers are well-versed in wrongful death laws and will guide you through the legal process and fight for your right to compensation.
Causes of Wrongful Deaths in Hattiesburg
No one expects to die young, but wrongful death can occur in many ways. The common causes of wrongful deaths in Hattiesburg include:
- Car Accidents: Car accidents are the leading cause of wrongful death in Hattiesburg. These accidents often result from negligence on the driver’s part. It can be caused by distracted driving or driving under the influence.
- Dangerous Premises: Property owners in Hattiesburg have a legal duty to ensure that their premises are safe for visitors. This includes making sure that dangerous conditions are addressed and corrected. If a property owner fails to do so and someone dies, they may be held liable for wrongful death.
- Motorcycle Accidents: These crashes often occur because of driver negligence and can result in serious injuries or death. To avoid a motorcycle accident, it is vital to be aware of the dangers that come with riding a motorcycle.
- Pedestrian Accidents: Pedestrian accidents are among the leading causes of wrongful death in Hattiesburg. Many of these fatalities could have been avoided if the pedestrians had taken extra precautions. Drivers also need to be aware of their surroundings and take caution when turning or crossing streets.
- Truck Accidents: Hattiesburg has seen a recent spike in truck accidents leading to an increase in wrongful deaths. Truck drivers are under pressure to make tight deadlines and deliver goods on time, which can often lead to reckless driving. This can lead to accidents. These accidents can lead to death.
In addition, we see many people suffer fatal injuries as a result of premises liability cases. These can include slip and fall accidents, animal attacks, and other actions where property owners fail to maintain their premises in a safe manner for guests.
If you have lost a loved one due to someone’s negligence, it is essential to seek legal assistance as soon as possible. Our experienced wrongful death attorneys at Mama Justice will work tirelessly to ensure you get the compensation you deserve and that the responsible parties are held accountable for their actions. Contact us now for a free consultation.
What Damages Can You File For in a Wrongful Death Claim?
Losing a loved one is an incredibly difficult experience. When their death is caused by the negligence or misconduct of another, the pain can be unbearable.
If you’ve lost a loved one in Hattiesburg, you may be able to file a wrongful death claim and recover compensation for your losses. Here are some of the damages that may be available in a wrongful death claim:
- Lost Wages and Benefits: The victim’s family may be able to receive compensation for the victim’s lost wages and benefits. This includes income the victim would have earned before and after their death.
- Funeral and Burial Expenses: Funeral and burial expenses are some of the most common types of compensation sought in wrongful death lawsuits. The cost of a funeral and burial can be extremely expensive. The deceased’s loved ones can seek reimbursement for the costs of the funeral and burial services, as well as any other related expenses.
- Pain and Suffering: When a family member dies due to the negligence of another, the pain and suffering caused can often be immense. The surviving family members of the deceased may be able to recover compensation for this emotional toll. Pain and suffering can also be awarded for the suffering of the deceased before their passing.
- Loss of Companionship: One of the types of damages that can be recovered in a wrongful death action is the loss of companionship. This refers to the loss of the relationship that the victim had with the decedent. This type of damage is often awarded to the spouse or children of the victim.
- Medical Expenses Prior to Death: If you lost a loved one due to someone else’s negligence, you might be able to recover the cost of medical expenses incurred by the deceased person before their death. This includes the cost of medical care and treatment provided to the deceased person.
If your loved one dies as a result of the wrongful act of another person, you may be entitled to compensation. To learn more about your legal rights and options, contact ourexperienced Hattiesburg wrongful death lawyers today.
Our lawyers always maintain a positive attorney-client relationship and will be there for you every step of the way while handling this complex legal matter for you. Schedule a free case evaluation with our wrongful death lawyers at your earliest convenience to get started.
Evidence Needed in a Wrongful Death Claim in Hattiesburg
A wrongful death claim is a serious legal action that should only be pursued if there is compelling evidence to support it. In order to file a wrongful death claim, you will need to gather a lot of evidence to prove that the death was, in fact, wrongful.
This evidence can come from several sources. Here are some of the evidence you will need to gather in a wrongful death lawsuit:
- Medical Records: A critical part of any wrongful death case is having access to the decedent’s medical records. These records can be challenging to obtain, as the hospital or medical facility may try to claim patient privacy rights.
- Police Records: Police records are often key evidence in wrongful death claims. Generally, these records will show whether or not the police conducted an investigation, what that investigation revealed, and whether or not any charges were filed.
- Insurance Paperwork: To prove that the death was, in fact, wrongful, you’ll need to submit extensive paperwork to your insurance company. The insurance company will review all of this information and determine whether or not they will cover the costs of the claim.
- Photos of the Accident Scene or the Loved One: One of the most critical pieces of evidence in a wrongful death case is photos of the accident scene, or the loved one who passed away. These photos can help establish liability and prove that the death resulted from negligence or a wrongful act. They can also be used to support your damages claim.
- Financial and Work Records: To prove a wrongful death claim, you’ll need to provide evidence of financial losses and lost income potential. This generally includes records such as pay stubs, tax returns, and other financial documents. You’ll also need to provide evidence of the decedent’s earning potential.
Gathering evidence is crucial in any legal case, and it’s no different in a wrongful death case. Our legal team at Mama Justice will work tirelessly to gather all the evidence needed to build a strong case for you.
How Long Do You Have to File a Wrongful Death Claim in Mississippi?
The statute of limitations for wrongful death claims in Mississippi is three years. This means that you must file a lawsuit within this time frame, or you will forfeit your right to any compensation.
It’s important to seek legal assistance as soon as possible after a loved one’s death, as evidence and witness testimony can disappear over time. The experienced attorneys at Mama Justice can help you through this difficult time and protect your rights.
How to Cope with the Death of a Loved One in Hattiesburg?
Losing a loved one is one of the most challenging things a person can experience. If you have lost a loved one due to wrongful conduct in Hattiesburg, Mississippi, it is essential to remember that you are not alone.
Some people care about you and want to help you through this difficult time. Our experienced Hattiesburg wrongful death lawyers can provide you with the support you need to cope with this difficult time.
Here are some of the things you can do to move on after the death of a loved one:
- Accept that the Loss is Real: The initial step in the grieving process is to accept the reality of the loss. This may be difficult to do, especially if the death was sudden or unexpected. It is natural to want to deny the reality of the situation, but it is vital to face the facts head-on. The sooner you accept the death, the sooner you can begin to heal.
- Acknowledge Your Grief: It is perfectly normal to feel a range of intense emotions after the death of a loved one. It is important to remember that these feelings are normal and that you will eventually work your way through them. The most important thing is to give yourself time and space to grieve.
- Remember the Good Times You Shared with Your Loved One: It can be hard to think about anything else when you’ve lost a loved one, especially if their death was due to wrongful conduct. However, it’s important to remember the good times you shared as this can help you move on quickly.
- Talk About Your Feelings with Others Who Have Experienced a Similar Loss: It can be helpful to talk with others who have experienced a similar loss. Sharing your feelings and thoughts can help you process them and make sense of what has happened. It can also be a great way to find support and gain strength from others. Our Hattiesburg wrongful death lawyers would be more than happy to speak with you about your situation and provide advice and support.
- Seek Professional Help If Needed: If you have lost a loved one as a result of wrongful conduct in Hattiesburg, it is vital to seek professional help as soon as possible. Our qualified wrongful death attorneys can provide you with the support and guidance you need to move forward.
Why Do You Need a Hattiesburg Wrongful Death Attorney?
If you have lost a loved one because of the wrongful actions of another person or entity, you need an experienced wrongful death lawyer on your side. Our Hattiesburg wrongful death attorneys can help you file a claim and prove that someone else’s negligence caused the death.
Our experienced wrongful death lawyers at Mama Justice in Hattiesburg, Mississippi, will help you navigate the legal system and get the compensation you deserve. Our lawyers will also work to hold the responsible party accountable for their actions. We know the law in Mississippi and can help you build a strong case.
Contact our Experienced Wrongful Death Lawyers Today
Filing a personal injury or wrongful death claim can be a complex process, but our skilled Hattiesburg wrongful death attorneys can help you through it. The laws surrounding wrongful death claims can be complicated. That’s why you need an experienced team of lawyers on your side who know the ins and outs of these cases.
Our legal team at Mama Justice has years of experience fighting for the rights of wrongful death victims and their families. We understand the pain and frustration of losing a loved one, and we’re committed to helping you get the justice you deserve.
Contact our Hattiesburg wrongful death lawyers at at (888) 484-1476 to get the compensation and justice you deserve. We can meet with you for a free consultation at your earliest convenience to get started.