Losing a loved one is one of the hardest things anyone can go through. The situation can be made even worse when the loss is unexpected and the result of someone else’s negligent actions or inactions.
If you’ve lost a loved one because of the carelessness of another party, a Jackson wrongful death lawyer can be vitally important in protecting your rights.
Our attorneys understand that it can be difficult to take legal action after losing a loved one. While filing a claim cannot change what happened, it can ease the financial burdens associated with the loss and potentially hold the negligent person or entity responsible for their actions.
Below, we’ll take a look at some information on how Mississippi handles preventable deaths like these and how having a Jackson wrongful death attorney can benefit you. Consider reaching out to us at Pittman, Roberts & Welsh, PLLC if you’ve recently lost a loved one and need our firm’s assistance.
How Does Mississippi Law Define Wrongful Death?
Mississippi Code Section 11-7-13 defines wrongful death and outlines the legal process for handling it. According to the law, a wrongful death occurs if the fatality results from the following:
- Any negligent, real, or wrongful act or omission
- Unsafe machinery or appliances
- The breach of a product’s warranty
Common Causes of These Preventable Fatalities
The most common accidents resulting in wrongful death include:
- Auto Accidents. Reckless drivers, who could be texting or intoxicated behind the wheel, can cause a fatal car accident. Large trucks and motorcycles also see their fair share of accidents. Victims in accidents with tractor-trailers are at risk of dying because of the size of the truck, while motorcyclists have deadly crashes because they don’t have the protection that an enclosed vehicle offers.
- Defective Products. Manufacturers have a responsibility to make sure that their products are safe for consumers. Unfortunately, there are instances where defective auto parts can cause injuries and even fatalities.
- Dangerous Premises. Property owners are supposed to ensure their homes, facilities, land, etc., are free of hazardous conditions. Preventable dangers can lead to someone getting seriously hurt on another person’s property or suffering a wrongful death.
- Nursing Home Abuse. Not all nursing homes provide the same level of care to their residents. Unfortunately, some nursing homes abuse or neglect residents. This mistreatment can become severe and have catastrophic consequences, like death.
- Medical Malpractice. A 2024 StatPearls study published by the National Library of Medicine suggests that 400,000 hospitalized patients experience some preventable harm each year. Doctors and other medical professionals are obligated to provide a certain standard of care to their patients. When that doesn’t happen, like during surgery or while prescribing medications and death occurs, the responsible party can be held accountable for that preventable outcome.
If you’ve lost someone in a situation we have not discussed, you may still meet the requirements to file a wrongful death claim. Our attorneys will be able to review your case and advise you how to proceed with it.
Who Can Sue for Wrongful Death in Mississippi?
Under Mississippi law, several parties can file a wrongful death claim, including:
- Spouses
- Parents
- Children
- Descendants of children
- Siblings
- Unborn children
As for the latter point, the Mississippi legislature determined that an unborn fetus, or “quick child,” is eligible for compensation in the event the mother dies in a preventable accident in 2018.
A “quick child” is the legal term for a fetus that has developed to the point where it can move inside the womb, which means that the baby could survive the trauma of labor and delivery with medical intervention in the event the mother was in a fatal accident. Parents can take legal action for the death of an unborn baby in these situations, as well.
The deceased’s estate’s representative can also file the lawsuit in addition to the above-referenced family members as well.
Regardless of who takes legal action, all interested parties can join as plaintiffs once legal proceedings have started. The legal guidance an attorney provides is crucial at this point to make sure everything is handled correctly.
What Damages Are Recoverable in a Jackson Wrongful Death Case?
We understand that no amount of money can replace your loved one; however, full and fair compensation can aid with the expenses associated with the loss. With this type of lawsuit, recoverable damages are separated by the estate and the surviving family members.
The estate can receive financial compensation for the following:
- Funeral and burial expenses
- Property damage incurred during the accident
- Medical bills for the deceased’s medical treatments related to the fatal event
The surviving family members may able to recover compensation for economic and non-economic losses, including:
- Pain and suffering caused by the loss
- The value of lost wages and benefits the deceased would have been expected to earn
- Loss of guidance and companionship
While there are no caps on economic losses, Mississippi has placed caps on certain non-economic damages depending on the circumstances of the death.
A qualified Jackson wrongful death lawyer can help you determine if there are any caps involved in your case, as well as help you assess the total damages by looking into your deceased loved one’s health, education, income, and work experience.
Statute of Limitations That Apply to Wrongful Death Claims
State law establishes the maximum time after an accident or event that legal action can be taken. Those timelines vary depending on the type of case. According to Mississippi Code Section 15-1-49, all wrongful death claims must be filed within three years of the official date of death.
This time frame can vary depending on the circumstances surrounding the fatality, and it’s important to remember that cases that are not brought before the statutes of limitations are up are likely to be dismissed without review. This is often why attorneys will strongly urge individuals like you who have experienced the untimely loss of a loved one to quickly consult with them to ensure you preserve your legal rights.
How Pittman, Roberts & Welsh, PLLC Can Assist You If a Loved One Has Unexpectedly Died
The lawyers at our firm have 150 years of combined experience that we can use to help you if you’ve lost a family member in a wrongful death. We strive to provide our clients with the legal representation and aid needed to win even the most difficult cases.
If you’re ready to take action, contact us to speak with a Jackson wrongful death lawyer about what happened that claimed your loved one’s life so they can advise you of the next best steps to hold any responsible parties accountable for their actions. Initial consultations with our attorneys are completely free.
