Understanding Pascagoula Wrongful Death Cases

If your loved one passed away because of a negligent person or company, you need to seek out a legal professional. A dedicated attorney who has a great understanding of Pascagoula wrongful death cases could help you recover compensation for your deceased loved one. A compassionate wrongful death lawyer could also help you and your family find some closure and begin the healing process.

Bringing a Wrongful Death Action

Before bringing a wrongful death claim, it is important to understand who is eligible to file a claim. The heirs of an estate are usually the spouse and children of the decedent, but Mississippi also has a list of people that may file wrongful death cases as relatives. If the deceased person had no spouse or children, then their heirs are the siblings and parents. If there is no spouse, children, parents, or siblings of the decedent, the heirs become a confusing array of next of kin.

Wrongful death beneficiaries generally follow estate rules in the State of Mississippi. However, there are different rules for filing a lawsuit.  For instance if your half-sibling passes away, you stand in the same position as a full-blooded sibling.

Who is Ineligible to File a Wrongful Death Claim?

Mississippi has clearly stated that live-in girlfriends or boyfriends are not allowed to be wrongful death beneficiaries. Step-children and non-adopted children that lived with deceased and relied on deceased for support cannot file suit.  No matter how long the person maintain a relationship with the deceased, the person must be legally married or related to be a wrongful death beneficiary, and in the case of remaining heirs must be related blood or adoption.

Establishing Negligence in a Wrongful Death Case

Wrongful death means that the person died as a result of the negligent or intentional act. To recover compensation, the plaintiff must be able to establish liability. Negligence or some kind of an intentional act must be proven to have caused the death of the person. If the death was caused by something other than a negligent act, and the person dies with a potential lawsuit, then this is called a “survival action” that must be prosecuted like a standard personal injury case. Understanding Pascagoula wrongful death cases is crucial to proving negligence and recovering damages.

Can Criminal Investigations Impact a Wrongful Death Claim?

The standard for criminal acts is much higher than that of a civil wrongful death claim. In a criminal case, the prosecution must prove their case beyond a reasonable doubt. However, a civil case does not have that high of a burden to prove.

Whether or not a government entity decides to prosecute actions based on a criminal act is important to the civil case. However, it does not prevent the wrongful death case from moving forward.

Common Misconceptions About Wrongful Death Cases

Probably the most common misconception about wrongful death claims is that people assume that just because their loved one died, they can recover compensation. The issue is that the law is strict in that negligence or an intentional act must be proved by a preponderance of evidence in order to recover damages.

For example, if a person’s loved one died in a hospital, it does not necessarily mean that the individual died due to the negligence of the hospital or a medical professional.

An Attorney Could Help Families Through This Difficult Time

A wrongful death lawyer could help by being compassionate, kind, understanding, and by listening to the family. A compassionate attorney will take the time in those difficult circumstances to listen to the family to hear them out.

Contact a lawyer today for more information about understanding Pascagoula wrongful death cases and how a legal professional could help you.