Losing a loved one brings sadness and many changes for those left behind. When a loved one passes, the surviving estate could seek justice for their death. If your loved one passed away due to the negligent actions of another, a Greene County wrongful death lawyer could help your case. Let a diligent personal injury take the lead in your case and help you seek justice.
According to Mississippi Code Annotated § 11-7-13, wrongful deaths are any deaths resulting from the negligent acts or omissions by others, or unsafe machinery or breach of any warranty of fitness of a commodity intended for human consumption. Wrongful death lawsuits resemble personal injury lawsuits. If a victim who dies could have filed a personal injury lawsuit, the victim’s estate or beneficiaries can file a wrongful death lawsuit. Some causes of wrongful deaths are:
A seasoned personal injury attorney in Greene County could review the circumstances surrounding a wrongful death and prepare a civil action for a family’s compensation.
Family members, interested parties, and personal representatives of the estate of deceased persons can file wrongful death lawsuits in Mississippi. Qualifying family members include spouses, parents (biological or officially adopted), children, including unborn children moving in the womb, and siblings. A knowledgeable Greene County wrongful death attorney could explain the best course of action for family members considering filing a lawsuit.
The estate of the deceased typically recovers compensation for medical expenses and funeral costs, but a family member can ask for non-economic damages that the deceased might have been entitled to in a personal injury lawsuit. For instance, beneficiaries can recover for the decedent’s pain and suffering and lost wages. They may also be able to recover their lost companionship with the decedent. A knowledgeable wrongful death lawyer could evaluate each case to help determine suitable compensation.
If a wrongful death lawsuit is successfully brought for a married spouse who has no children, the surviving spouse will be compensated. If children are involved, the compensation is distributed equally between the surviving spouse and the children. If the decedent is unmarried but has children, the payment is split between the children. And if there are no children or spouse, compensation is allocated to parents and siblings.
Greene County wrongful death cases are heard in Circuit Court and must be filed promptly, according to the statute of limitations. If a death results from someone’s intentional act, such as murder, the wrongful death claim must be filed within one year. The state could decide to press criminal charges, in which a high burden of proof, beyond a reasonable doubt, is required. Even if the defendant is found not guilty of murder, a family can still sue for wrongful death in civil court, where the burden of proof, the preponderance of the evidence, is not as stringent.
If someone’s negligence caused the death, any wrongful death claim must be filed within three years. The court can refuse to hear cases that are not filed before the statute of limitations runs out. Bereaved families should contact a Greene County attorney knowledgeable about wrongful death laws to make sure a case is filed on time.
A Greene County wrongful death lawyer could seek justice for a loved one who dies because of someone else’s actions. Monetary compensation received from a lawsuit could help your family meet future financial needs. Call today to get started on your claim.