A wrongful death lawsuit is when someone has died due to the negligence of another party. The death is caused by the negligent act or wrongful acts of another. The lawsuit is brought by the heirs of the deceased person. Certain states have statutes that allow people who are not direct heirs of the decedent to bring a lawsuit as well.
The most obvious difference between a wrongful death case and a personal injury tort is that a personal injury case is brought by the person who was injured, whereas a wrongful death lawsuit is brought by the heirs or persons related by blood or marriage.
If your loved one passed away due to the negligent actions of another party, you might be entitled to compensation. A compassionate wrongful death lawyer could fight for you. Reach out to a dedicated personal injury attorney to learn about the unique aspects of a George County wrongful death case.
The most common wrongful death cases are people that are killed in an automobile accident or truck collision. Also, people are killed in motorcycle crashes, and in rare cases, there are medical negligence cases that result in death.
Many states will require an estate to be established, though that is not always required for the initiation of a wrongful death claim. It is generally a good practice to set up an estate for a wrongful death lawsuit to establish the wrongful death heirs and get the matters in order for the decedent.
The wrongful death statute in Mississippi allows certain people to file lay lawsuits, and those persons can be named as wrongful death beneficiaries in the filing. An estate is not required necessarily, but it is good practice.
Many wrongful deaths are caused by the negligence, and therefore, no intent is required. For more information about the unique aspects of a George County wrongful death case, consult with a seasoned lawyer.
An estate in Mississippi is not required for wrongful death beneficiaries to bring a lawsuit on behalf of a deceased person. However, as mentioned above, it is good practice to have the estate and establish the heirs at law for the deceased person. The deceased person may have assets that need to be probated or a will or entities that need to be noticed on behalf of the estate.
Some chancellors will require that the fee agreement for the attorney prosecuting the case need to be approved. Generally, if there is a settlement or judgment of some kind, then the proceeds will need to be administered appropriately.
When there is a will of a deceased person, then the will sets out who the executor will be. When there is no will, then the administrator is established either by that person coming forward and filing to open the estate themselves or by general agreement of the heirs. However, the wrongful death beneficiaries can file a lawsuit on their own.
In some cases, there are competing wrongful death cases and the court will have to determine who the proper wrongful death beneficiaries are and try to consolidate the cases to be handled in the most efficient manner possible.
For most wrongful death cases, the statute of limitations is three years from the death. If one fails to file a claim within this time, they will lose out on the opportunity to recover damages. Fortunately, a wrongful death lawyer could help you file a claim promptly. Call today to learn more about the unique aspects of a George County wrongful death case.