Harrison County Wrongful Death Lawyer
The unexpected death of a loved one has significant and often overwhelming impacts on the family. When the death occurs because of some else’s negligent or reckless conduct, the responsible party could be held liable for damages. The decedent’s family could bring a wrongful death lawsuit to seek justice. A wrongful death lawsuit is appropriate whenever the facts that led to the death would have allowed the victim to bring a personal injury lawsuit had he or she survived.
A Harrison County wrongful death lawyer could help you and your family seek justice for your loved one’s untimely death. With the help of a compassionate personal injury attorney, you may be eligible to recover compensation for your damages.
Causes of Wrongful Death Accidents
While every death creates a period of mourning and uncertainty for a family, not every death can serve as the impetus for a wrongful death lawsuit. Mississippi Code Annotated §11-7-13 states that a wrongful death claim is only appropriate when the death is the result of a wrongful or negligent act, or unsafe machinery or appliances. A wrongful death lawsuit is appropriate when the actions would have led to a personal injury claim had the victim survived. As a result, a wrongful death claim may stem from:
- Motor vehicle, truck, or motorcycle collisions
- Medical errors
- Property accidents
- Unsafe machinery or appliances
- Intentional acts of violence that result in death
A defendant in even a relatively minor car accident (involving little property damage) may be liable for wrongful death if that wreck causes the victim to pass away. A dedicated Harrison County wrongful death lawyer may be able to help families understand the legal basis for filing a civil action claim.
Available Damages in a Wrongful Death Lawsuit
Normally, the purpose of a personal injury claim is to make an injured plaintiff whole again. Of course, there is no way to bring back the life of a loved one whose death was caused by another’s wrongful or reckless act, or use of unsafe machinery. Instead, wrongful death suits seek to provide financial compensation to any surviving family members.
MS Code Ann. §11-7-13 states that almost any surviving family member has the ability to file these cases in court. This may include a spouse, parent, child, or sibling. In other cases, a personal representative named in a will after probate also has the ability to serve as a plaintiff. However, the purpose of the lawsuit is always to bring compensation for the decedent’s family.
This compensation can cover many forms of expenses. The most direct form of compensation is for any outstanding medical bills or funeral costs incurred by the decedent between the time of injury and the time of death. However, the statute also allows plaintiffs to demand payments for:
- The physical pain and suffering of the deceased between the time of injury and the time of death
- Lost wages due to losing a wage earner
- Loss of companionship or guidance for a spouse or children
Unfortunately, there is a limit as to how much non-economic damages a wrongful death claim can bring. The Mississippi Legislature chose to cap the value of a wrongfully killed Mississippian’s life at one million dollars. However, there is no limit on the amount of economic damages that can be recovered, such as unpaid medical bills, lost wages, and funeral expenses. A Harrison County wrongful death lawyer could help to bring families the payments that they need to move forward.
Let a Harrison County Wrongful Death Lawyer Attorney Help
Experiencing the unexpected death of a loved one is never an easy thing to bear. On top of the emotional trauma, it is not uncommon for surviving family members to be left with medical bills, funeral expenses, and lost income, in addition to the loss of companionship of their loved one. When the death is the result of the negligence, recklessness or criminal activity of another party, you have the right to demand compensation.
A Harrison County wrongful death lawyer could help you and your family to seek justice for your loss. Call for a free consultation when you are ready to discuss your claim.