Few events in life are harder to process and cope with than the loss of a loved one. When we lose someone in an unexpected and avoidable way, the experience can be devastating and have life-altering effects on us.
A wrongful death occurs when someone dies through a third party’s negligence. Even though your loved one’s death is something that cannot be undone, contacting a Southaven wrongful death lawyer can make things easier by compensating for your various losses. While coping with grief, the last thing that you should have to contend with is complicated and emotionally taxing legal proceedings. A Board-certified personal injury attorney like David E. Gordon can assist you in fighting your case during this difficult time.
Mississippi Laws Concerning Wrongful Deaths
There are state laws that deal specifically with wrongful death cases. It is essential to consult with a Southaven accidental death lawyer who can help navigate you through the process. The Mississippi Code sets out the rules regarding wrongful death civil suits.
What is Considered a Wrongful Act?
Under the Code, a wrongful death claim can be brought where the death was caused by a wrongful or negligent act or omission, or by the use of unsafe machinery or appliances. A person can also bring an action for wrongful death if there has been a breach of fitness warranty for items such as food, drugs, or medicines. Other frequent causes of death include negligent driving, poor property maintenance, and medical malpractice.
Who Can File a Wrongful Death Claim?
The Code sets out the category of persons who may pursue a wrongful death action. The deceased’s personal representative or a surviving family member such as a spouse, parent, child, or sibling can bring the action, depending on the facts of the case.
There are rules for who receives payment after a loss. For example, when the deceased leaves behind a spouse and children, the awarded compensation is to be split equally amongst them. If there are no children, then the compensation is for the sole benefit of the surviving spouse. Similarly, if the deceased died leaving children but no spouse, then the money is split evenly amongst the children.
Damages from a Wrongful Death Lawsuit
Although the person who has died is no longer suffering, there are still losses to account for, including those of the surviving family members. The main types of damages that a lawsuit can pursue are:
- Medical or other related expenses
- Loss of income that the deceased would have earned
- Property damage
- Funeral expenses
- Pain and suffering of the deceased
- Loss of consortium of the spouse
- Loss of society of the children
A local wrongful death attorney can lay out the numerous potential avenues for compensation with the family and recommend the best course of action for securing it.
Seek Justice with a Southaven Wrongful Death Attorney
If you are mourning the loss of a loved one, you should not be expected to manage a civil liability claim all by yourself. A Southaven wrongful death lawyer can take that burden off your shoulders and allow you the space that you need to heal. The Law Office of David E. Gordon is here to help you recover your losses, so call now for a private consultation.