Losing a family member can be extremely difficult, and the expenses associated with the loss can be staggering. If your loved one’s passing was because of a wrongful act, you can seek legal help to get compensation for your family.
Common examples of wrongful death cases involve auto accidents, slip and fall accidents, and other instances of negligence. Although a deceased person might have numerous loved ones, the law states that only certain immediate family members or a personal representative can file the lawsuit. Potential damages in wrongful death lawsuits are often significant and encompass economic and non-economic damages experienced by the deceased person and the plaintiffs. Generally, damages are distributed equally among surviving spouses and children. It is very important to take note of the statute of limitations for wrongful death cases, which is 3 years. Missing this deadline could place your entire case in jeopardy.
Wrongful death cases are known for being overwhelming and complex. Our Gulfport, MS wrongful death attorneys can help you through this tremendously difficult period and work to get your family compensation. Call Howe Law for a free case review at (844) 876-4357.
Examples of Wrongful Death Cases in Gulfport, MS
Wrongful death cases might involve a wide variety of accidents. According to Miss. Code Ann. § 11-7-13, a wrongful death involves a wrongful or negligent act or omission. One very common reason for many wrongful death lawsuits is car accidents. Other drivers on the road might behave negligently behind the wheel and cause a serious crash, leading to another person’s tragic end. In such cases, the other drivers can be sued for the deceased person’s wrongful death, and their family might recover valuable compensation.
Slip and fall cases are often associated with embarrassment more than any physical injuries, but they can be very dangerous, sometimes deadly. Many wrongful death cases involved loved ones who slipped or tripped and fell to their deaths because of a property owner’s negligence. Often, these cases involve falls from high places, such as down a flight of stairs, but even falls on flat ground can be deadly.
Wrongful death claims might arise out of various other acts of negligence or omissions. Accidents at home, at work, in a doctor’s office, or on the street could lead to a wrongful death claim for your family. Speak to our Gulfport, MS wrongful death attorneys about your case as soon as possible.
Who Can File a Wrongful Death Lawsuit in Gulfport, MS
One important issue to settle is determining who can file a wrongful death lawsuit after losing a loved one. This is sometimes a contentious issue when family members disagree on taking legal action or if non-family members close to the deceased person wish to be involved. Our Gulfport, MS wrongful death lawyers can help your family get the case filed so you can get justice for your loved one.
According to Mississippi’s wrongful death statute, only certain people can file the lawsuit. Generally, immediate family members, including spouses, children, parents, and siblings, can file the case. Additionally, a deceased person’s personal representative can file a wrongful death lawsuit.
People close to the deceased person but not immediate family members typically cannot file wrongful death lawsuits. This is often difficult for people close to a deceased person but unrelated by blood or marriage. It is also difficult for extended family members, like aunts, uncles, or cousins, who cannot file claims.
The law also holds there can only be one case, but each party may join the case. This means that different immediate family members cannot file separate wrongful death claims. If they do, the cases would likely be consolidated, or one would be thrown out.
Potential Damages in Gulfport, MS Wrongful Death Lawsuits
Damages are often significant in wrongful death cases. Not only are the expenses associated with the loss of a loved one quite high, but non-economic damages experienced by the family are often met with considerable compensation. Our Gulfport, MS wrongful death lawyers can help you maximize your damages calculations so that your family gets the compensation it deserves.
Many damages in wrongful death cases are recovered by the deceased person’s estate. Damages such as funeral and burial costs, medical expenses of the deceased person, and property damages incurred by the deceased person may be recovered. For example, suppose your loved one passed away after a car accident. In that case, their estate might recover damages for their funeral, medical bills after the crash, and the value of their destroyed vehicle.
The law specifically states that juries may consider all damages of every kind, including non-economic damages. Non-economic damages are untethered to money but instead revolve around painful experiences. For example, a surviving spouse could claim the loss of consortium and companionship. A child could claim the loss of parental guidance.
Generally, damages are equally distributed among a surviving spouse and children. If there is no spouse or kids, damages are distributed among parents and siblings. The personal representative may recover if there is no immediate family to recover damages.
When You Should File a Wrongful Death Lawsuit in Gulfport, MS
The timing of your lawsuit is key for several reasons. First, getting your case filed sooner rather than later helps our Gulfport, MS wrongful death lawyers collect evidence before it is lost. Witnesses might relocate, and physical evidence might be misplaced or destroyed. Getting started on your case as soon as possible helps us avoid problems with evidence.
Second, and most importantly, you must file your lawsuit before the statute of limitations expires. According to Miss. Code Ann. § 15-1-49(1), wrongful death cases involving negligence usually must be filed within 3 years of the date of death. Remember, the clock starts ticking on the date your loved one passed away, not necessarily when they were injured.
Speak to Our Gulfport, MS Wrongful Death Attorneys for a Free Case Evaluation
If you recently lost a loved one in an accident or because of someone else’s negligent actions, you should speak to a lawyer about possibly filing a lawsuit. Our Gulfport, MS wrongful death attorneys can help you review your options for legal action. Call Howe Law for a free case assessment at (844) 876-4357.