Wrongful Death Lawyers in Hattiesburg

The filing period and the evidence window are different lengths

Under Miss. Code § 15-1-49 a negligence-based wrongful death action generally has three years, more than Georgia or Tennessee give. Certain circumstances can bear on that period, so it is worth checking against your own facts. Meanwhile the investigation runs to a schedule nobody sets: a vehicle is repaired or sold within weeks, footage held by a nearby business is written over in days, and marks left on a rural road are gone with the next season's weather. We take those early steps so there is still something to work from.

Which county hears the case

Hattiesburg lies across the Forrest and Lamar county boundary, so the location of the death-causing event, not the address, determines where the action is brought. Forrest County side, and it goes to Forrest County Circuit Court, whose Circuit Clerk sits on North Main Street in Hattiesburg. Lamar County side, and it goes to Lamar County Circuit Court at Purvis. Since a Mississippi wrongful death action generally belongs in the county where the event occurred, establishing that county early is not a formality.

Who has to be identified before anything is filed

Mississippi brings the loss as a single action, not as separate suits, so the question of who holds the right has to be answered first. Miss. Code § 11-7-13 extends it to a spouse, child, parent or sibling, or to the estate's personal representative acting for all the beneficiaries. Where several people qualify, resolving that in advance keeps a procedural dispute from attaching itself to a case that ought to be about the death.

What the single action reaches

Both sides of the loss, because there is only one case. It covers what the person endured before dying and the medical and funeral costs, and it covers the family's losses, including the present net cash value of the life and the loss of that person's society and companionship. Especially reckless conduct can additionally support punitive damages. None of these elements is taken on trust; each is established with records and testimony.

Where the treatment record comes from

Forrest General Hospital on US Highway 49 is the only Level II trauma center in the Pine Belt. Merit Health Wesley on Hardy Street is a Level III center, and South Central Regional Medical Center at Laurel carries a state Level III designation. Where a death follows a serious injury, the records held by whichever facilities were involved set out what happened between the incident and the death. We request the complete file from each of them.

How we investigate, and where we practice

We obtain the incident or crash report, the medical records and the evidence of how the death came about, and we work out every party who bears responsibility. Inside the city limits the Hattiesburg Police Department responds; crashes on Interstate 59, US-49 and the surrounding state highways are worked by the Mississippi Highway Safety Patrol. From this office we act for families across Forrest, Lamar, Perry, Marion, Jones and Covington counties, and in Petal, Purvis, Oak Grove, Sumrall and Lumberton.

Speak to a Hattiesburg wrongful death lawyer

Our Hattiesburg office is at 312 S 25th Ave. Let us carry the deadlines and the paperwork instead: the first conversation is free and our fee rests entirely on a recovery. Message us through the contact page, or telephone this office directly.

Speak with a Hattiesburg wrongful death attorney

Common questions

How long does our family have to bring a claim?

Generally three years for a negligence-based wrongful death action, under Miss. Code § 15-1-49, which is longer than either bordering state allows. Particular circumstances can affect that period, so it is better checked against your own facts than assumed. We look at it straight away, and separately begin the work that the evidence will not wait for.

Hattiesburg is in two counties. Which court hears our case?

It follows where the death-causing event happened rather than the postal address. On the Forrest County side the action goes to Forrest County Circuit Court, whose Circuit Clerk is on North Main Street. On the Lamar County side it goes to Lamar County Circuit Court at Purvis. Settling that is one of our first steps.

What do you need from our family to begin?

Not much at the start. The report, the medical records and the evidence of how the death occurred are things we obtain ourselves. What we do need from you is a clear picture of who the relatives are, because Mississippi brings the claim as one action and everyone who holds the right has to be identified before it is filed.