Accidents happen and sometimes, they are not anyone’s fault. Sometimes someone else is responsible for an accident and for the injuries you sustain as a result of that accident. In a worst case scenario, someone may be responsible when you or a loved one has died as a result of injuries sustained in an accident. How do you know when to file a wrongful death claim? What damages should you sue for? How do you prove those damages? If you believe you have a case, consider visiting with our experienced Pascagoula, Mississippi personal injury attorneys with Lott Law at (228) 215-2787 to schedule a consultation. We can review your case and help you understand your legal options.
What Is a Personal Injury Claim?
A personal injury is a physical or mental injury sustained because of someone else’s intentional actions or negligence. This can also include property damage. When someone sustains an injury or property damage in this way, they can file a lawsuit, called a personal injury claim, against the at fault individual or business to receive compensation for their financial losses. These financial losses can include medical bills, lost wages, and more. Examples of these types of claims include motor vehicle accidents, slip and falls, medical malpractice, workplace accidents, product liability, and wrongful death.
What Is a Wrongful Death Claim?
A wrongful death claim is a type of personal injury claim. The difference is in who files the claim. In a personal injury claim, the individual who files the lawsuit is the one who was injured. In a wrongful death case, the individual who was injured has died as a result of those injuries and someone else is filing the claim.
Mississippi code §11-7-13 specifies who is allowed to file a wrongful death claim. Spouses, children, parents, siblings, or the personal representative of the deceased’s estate if none of those relatives remain, can file the claim. Only one, such as the spouse, can file, or they can join together (such as the spouse and children) to file a claim together. Only one wrongful death lawsuit can be filed for one deceased individual.
What Are the Damages for Wrongful Death in Mississippi?
There are two types of damages that may be recovered in both wrongful death and personal injury claims: economic and non-economic. Individuals may want to discuss their case with a wrongful death attorney with Lott Law to determine which damages would apply to their specific case.
Economic Damages
Economic damages are monetary damages that can be objectively proven. These are things such as medical expenses, burial and funeral expenses, reimbursement for damaged property, lost wages, lost benefits such as retirement and pensions, emergency medical care costs, domestic services costs such as cleaning or childcare), or the costs of auto repairs for fatal car accidents. These damages are ones that a judge or jury can calculate a specific amount by looking at bills, paychecks, or other evidence to see the financial value of these damages. Mississippi does not cap economic damages, which means regardless of the amount, individuals can recover the full amount of these damages.
Non-Economic Damages
Non-economic damages are those that cannot be objectively proven. These damages are things like pain and suffering, mental anguish and emotional distress, loss of love and society, loss of nurturing, loss of companionship and consortium, inconvenience, or loss of protection, guidance, and care. These damages do not have bills, paychecks, or other evidence to show their value and require a judge or jury to attempt to determine an amount that seems appropriate. This can be difficult, as most people view it as placing a dollar value on their loved one’s life and for most, there is no amount of money that can make up for the loss of their loved one. Additionally, Mississippi caps these damages at $500,000 for medical malpractice claims, and $1,000,000 for product and pharmaceutical liability.
How Do You Prove Damages in a Wrongful Death Claim?
In order to recover damages in a wrongful death claim, individuals must prove their damages. This can be much easier to do with economic damages than non-economic ones, but both can be proven.
Proving Economic Damages
Proving economic damages requires collecting evidence of those damages. This can be done by gathering medical bills, invoices or bills for domestic services or auto repairs, bank statements that show the deceased’s deposited paychecks and when those deposits stopped, and other documents that show these financial losses. Paperwork for burial and funeral expenses can also be used.
Proving Non-Economic Damages
Because non-economic damages are for non-tangible things like pain and suffering and loss of consortium, they can be more difficult to prove, but it is not impossible. Evidence for non-economic damages can include notes from psychologists or therapists, testimony from friends or relatives, expert witness testimony, and evidence that family members no longer engage in certain hobbies or activities since the loss of their loved one, such as canceled memberships.
Can You Get Punitive Damages?
Mississippi code §11-1-65 does allow individuals who file a personal injury or wrongful death claim to seek punitive damages. These damages are not meant to compensate victims or their families for what they have lost, but to punish the at fault individual for their behavior. For this reason, individuals must be able to prove that the at fault party acted in a particularly egregious or heinous way. They must be able to provide clear evidence that the at fault individual committed actual fraud, acted with gross negligence or malice, or showed a willful, wanton, or reckless disregard for the safety of others.
Other Important Things To Consider
In some cases, the at fault party may also face criminal charges for a wrongful death. Even if they are not found guilty in criminal court, the family of the deceased may still file a wrongful death lawsuit.
Individuals will also want to be mindful of the statute of limitations for a wrongful death suit. Mississippi Code Ann. § 15-1-49 provides three years for most lawsuits of this nature to be filed, but in some cases, such as medical malpractice or when the injured or deceased individual is a minor, there may be more or less time. Therefore, it is imperative that individuals intending to file a suit speak with an attorney as soon as possible, if they intend to, to ensure their rights are preserved and their case is filed before the statute of limitations expires.
How a Personal Injury Attorney May Be Able To Assist You
The main differences between these two claims is whether the injured person died due to their injuries and who files the claim as a result. Whether you were injured or you have lost a loved one due to someone’s negligence or intentional behavior, you have the right to seek compensation for the financial and other losses you have incurred. A Pascagoula, Mississippi personal injury attorney with Lott Law may be able to assist you in collecting evidence of your economic and non-economic damages, proving the other party is at fault, and receiving fair compensation for what you and your family have gone through as a result of the injuries or
