If a loved one has passed away because of another’s negligent conduct or an intentional tort, you could consider filing a wrongful death claim. Working with an Olive Branch wrongful death lawyer could provide you with the assistance necessary to recover damages from pain and suffering, funeral expenses, and medical costs, among other compensation.
Obtaining damages for a family member or partner’s passing could relieve stress, especially if the individual was the provider in your household. A compassionate attorney like David E. Gordon could help you determine how to move forward with your case so that you can focus on feeling better.
What Are Some Wrongful Death Claim Examples in Olive Branch?
A wrongful death claim is a lawsuit where family members could potentially receive monetary damages from the untimely passing of a loved one because of negligence or deliberate actions. To win damages, the plaintiff and their Olive Branch wrongful death legal representative must prove the death occurred because of another party’s willful activities or negligence. The surviving family members must also prove financial and personal hardships following death.
Some of the most frequent wrongful death claims in Olive Branch include:
- Car, truck, or bus collisions
- Bicycle crashes or pedestrian accidents
- Workplace incidents
- Defective products
- Slip and falls
- Medical malpractice
Who Can File a Wrongful Death Claim?
Parties that can file wrongful death claims in Mississippi include the surviving spouse, parent, or children of the deceased individual. Surviving siblings could also file wrongful death claims, as can those who are a representative of the estate of the person who has passed.
If the surviving spouse files a claim, any awarded damages get divided among the spouse and the surviving children. Should no spouse or children be involved, compensation would get split among surviving parents or siblings.
In addition to medical care, funeral expenses, and pain and suffering, compensation in an Olive Branch wrongful death case could recover property damage, lost wages and income, loss of companionship, and loss of benefits the deceased would have received.
The Statute of Limitations in Mississippi
Mississippi applies two statutes of limitations for wrongful death claims. If the death occurred because of an intentional act such as in the case of an assault and battery, the suit must be filed within one year from the date of the death.
If the death resulted from negligence, such as a drunk driving accident or unsafe work conditions, the surviving loved ones have up to three years from the date of death to file a claim.
The state also places caps on certain wrongful death cases. The cap for non-economic compensation in a medical malpractice case is $500,000, while the cap for product liability and pharmaceutical claims are both $1,000,000. Economic damages such as burial and emergency medical care expenses do not have a limit to the number of damages that can be recovered.
Discuss Your Wrongful Death Case with an Olive Branch Attorney Today
If you believe a family member or spouse died because of another’s negligence or intentional act, speak with an Olive Branch wrongful death lawyer today. Attorney David E. Gordon can go over the facts of your case with you to determine how to move forward with your claim and discuss what kind of compensation you could be entitled to.
Contact David’s law offices to schedule a consultation. Depending on your case specifics, you and your family could recover compensation that will bring you some financial relief.