Compassionate, Zealous Wrongful Death Representation In Mississippi
Few experiences in life are more painful than the death of a loved one. When another person’s negligent, careless, or reckless actions needlessly cause a person’s death, the pain can be significantly magnified. Feelings of anger and injustice often linger as we think about the life of our loved one who was taken too soon. While mourning the death of someone close to you, the thought of taking legal action can seem overwhelming, but it doesn’t need to be. The assistance of a wrongful death attorney can make all the difference in securing a sense of closure while assuring your financial security.
If you’ve lost a loved one due to the negligence of another, Germany Law Firm PLLC will assist you with compassion and understanding. Our attorney Bob Germany works one-on-one with our clients to ensure the most favorable outcome in their case. We know a wrongful death lawsuit accompanies a time of extreme suffering, and we guide our clients in moving forward as we vigorously fight for the compensation they are due.
What Is Considered A Wrongful Death?
Mississippi Code Section 11-7-13 defines wrongful death as a death caused by:
- Any real, wrongful, or negligent act or omission
- Unsafe machinery, way, or appliance
- The breach of warranty of any item intended for human consumption
A wrongful death claim in Mississippi is an extremely complicated and complex legal action. Wrongful death lawsuits are brought forth on behalf of the deceased person by the surviving family members. These types of claims are intended to provide the bereaved with the necessary financial compensation required for them to manage expenses after the unexpected loss of their loved one.
A wrongful death case is a civil case, not a criminal matter. Criminal charges may be filed if the act that caused the death was illegal (like drunk driving), but those charges will be dealt with in a different court. If a person dies due to another person’s actions, it can generally be considered a wrongful death. If you can prove that your loved one would have lived were it not for the actions of the responsible party, you likely have a good chance of prevailing on a wrongful death claim.
Most Common Scenarios That Result In A Wrongful Death Claim
Various types of incidents can lead to the wrongful death of another person. Some examples of wrongful death claims include:
Intentional acts of violence: When a person loses their life due to another person’s deliberate act, it is a wrongful death. Even if a person is not convicted in a criminal case, the surviving family members can still bring a wrongful death claim in civil court.
Medical malpractice: Medical malpractice is another example of an actionable wrongful death claim. In these wrongful death claims, you may be able to pursue legal action against an individual, a hospital, or another entity. Some common causes of fatal injuries for patients include surgical errors, missed diagnoses and even anesthesia errors.
Auto wrecks: Motor vehicle accidents are perhaps the most common source of wrongful death claims in Mississippi. We see many innocent people lose their lives in truck accidents, car accidents, pedestrian accidents, and other types of vehicle collisions involving reckless drivers.
Fatal slip-and-fall accidents: Close to 40,000 people are fatally injured in the United States due to slip, trip, and fall accidents. Many of these accidents occur in homes and businesses in Mississippi. Unfortunately, the majority of slip and fall accidents are a result of negligent property owners.
Drowning incidents: Close to 4,000 people lose their lives due to drowning incidents in the United States each year. In many cases, these accidents are entirely preventable.
Aviation accidents: Accidents involving airplanes, helicopters, and other forms of aviation take the lives of hundreds of people in the country each year. Unfortunately, many aviation accidents are the result of negligence. Whether your loved one died due to a negligent pilot, a communication error problem, or another cause, we will investigate and determine if a wrongful death lawsuit is a good option for your family moving forward.
Nursing Home Abuse: Every year, over 5 million people in the United States are abused while in nursing homes. Many innocent people lose their lives due to being neglected, abused, and mistreated in nursing homes in Mississippi.
Proving Negligence And Liability
To be successful when filing a wrongful death claim against a negligent party, you will need to be able to prove liability. This is called meeting the burden of proof. If a negligent, careless, or reckless action caused the death of your loved one, you’d have to prove that the defendant should have or could have acted in a different way, which would have prevented the death from occurring. For example, a medical professional using unsafe treatment methods on patients would be considered negligent.
Wrongful death claims can be incredibly complex, which is why you should work with a skilled attorney like Mr. Germany. He will review the circumstances surrounding your loved one’s death and determine if a wrongful death lawsuit will help your family.
Filing A Wrongful Death Lawsuit In Mississippi
The process of pursuing a wrongful death case in court is similar to the process of pursuing a personal injury case. The plaintiff, representing the decedent’s estate, must meet the burden of proof that negligence took place. The plaintiff must demonstrate that the defendant owed a duty of care to the plaintiff and breached the duty of care.
Germany Law Firm PLLC understands the impact that sudden death can have on a family and the severe financial setbacks that the accident can cause. We know how to negotiate a settlement that will cover the medical expenses, loss of income, funeral costs, and other damages brought upon by your loved one’s premature death. If the defendant is unwilling to offer a reasonable settlement, our team will take your case to trial and fight for the rights of your deceased loved one, allowing you to mourn and move forward.
When filing a wrongful death suit in Mississippi, time is of the essence. There is a statute of limitation of one year from the date of death to file an intentional wrongful death suit, and three years for a wrongful death lawsuit claim based on negligence. In either case, these limitations likely mean family members must move forward with their claims while the mourning process continues.
Another restriction is the cap on a noneconomic payout for wrongful death suits. Noneconomic refers to damages such as pain and suffering, which cannot be quantified objectively like medical bills and funeral costs can. In Mississippi, these caps include:
- Up to $500,000 for medical malpractice
- Up to $1,000,000 for product liability
- Up to $1,000,000 for pharmaceutical-related wrongful death
With more than forty years of experience, Bob Germany and his team realize the damage a loss of inheritance can have on a family’s financial wellbeing. In the case of the death of parents of minors, the damage is even greater than in other situations; the loss of their parents forever harms children and teenagers at a young age in ways that are almost impossible to quantify financially.
Another situation that arises all too often is the case of someone who has suffered physically and emotionally for days or months in a hospital setting, fighting for their life, only to lose the battle. When the victim passes away, the family members understand the suffering their loved one has experienced. This pain and suffering must be expressed and considered during a negotiation for a wrongful death settlement. We understand the myriad ways in which a loved one’s death affects an entire family. We will passionately and aggressively represent your family at trial, defend your rights, and fight for you as we negotiate a settlement to provide a sense of justice and closure for your family.
How Our Wrongful Death Lawyers Will Help You
If you have lost a loved one due to another person’s actions, the last thing you want to do is worry about handling communication with the insurance company to get the money you need and deserve. When you work with our firm, we will do all this work for you. Our team will take difficult tasks off your shoulders and fight to help your family hold the at-fault parties legally and financially accountable.
Some of the ways that we will help you pursue your wrongful death lawsuit include:
- Investigating: Our wrongful death lawyer will personally go to the site of the accident. We will gather evidence and information that support your claim. We’ll even collect any available surveillance footage from homes or businesses nearby. We are committed to building the most substantial claim possible for you, so your family members can get justice.
- Access to experts: We will work with experts who can re-create the accident when possible. Whenever necessary, we will have medical professionals testify on your behalf to prove that an act of negligence is the cause of death. Our lawyer will work with financial experts who can determine the total damages you face after losing a loved one.
- Determine the value of your case: Mr. Germany will gather evidence and information from various sources. We will work with financial experts who can prove the lost earnings that your loved one would have made had they been able to live and continue working. We will thoroughly investigate your accident to determine the total value of your case.
- Handling negotiations: We will demand compensation from the insurance company on your behalf. We will present adequate evidence and information in support of our demand. We will demonstrate why you deserve every dollar that we are asking for.
- Filing a wrongful death claim in court: If we cannot come to a settlement agreement, Mr. Germany will file your case in court. We will ensure that your wrongful death lawsuit, documents, petitions, and all evidence and information are filed promptly.
- Representing your family members in court: Our lawyer will use all the evidence and information we gather to prove your case in court before a judge and jury. We will help your family get the money you need and demonstrate why you deserve the compensation that we demand.
Attorney Bob Germany will remain by your side throughout the entire wrongful death lawsuit process. We understand how difficult it is for families to move forward after losing loved ones, and we will fight to help you obtain the outcome you expect and deserve.
Who Can File A Wrongful Death Claim?
The question of who can file a wrongful death claim on behalf of the deceased is one of the first topics that comes up when a wrongful death claim is discussed. In Mississippi, the personal representative of the deceased’s estate is the primary individual or group of individuals who can file the lawsuit. These individuals may include, but are not limited to:
- Surviving spouse
- Surviving parent
- Surviving siblings
- Surviving children
- Other official representatives of the estate
In the state of Mississippi, once a wrongful death suit has been filed by one party, other parties can petition to be included. Our lawyer is also familiar with the process of filing on behalf of other parties that are due compensation for the loss of their family member.
Tell Us Your Story In A Free Initial Consultation
If you’ve lost a loved one due to another’s negligence or intentional acts, you deserve the representation of a compassionate, sensitive, yet assertive wrongful death attorney. While nothing can bring back your lost family member, obtaining the full restitution you are due by law can provide you and your family with a sense of closure and help you move forward.
Germany Law Firm PLLC in Jackson, Mississippi, has assisted the families of those wrongfully killed for more than forty years. We offer free, no-obligation consultations so you can feel comfortable that we are the right choice for your family. To schedule yours, contact us online or call our Jackson office at 601-812-5524.