Biloxi Wrongful Death Lawyer
Losing a loved one is always tragic, but if their death was unexpected, the resulting impact on you and your family’s life may be even worse. If another person’s careless or reckless behavior caused the wrongful death of a family member, you have a legal right to seek compensation on your loved one’s behalf.
A compassionate Biloxi wrongful death lawyer understands the emotional strain you may face following the passing of a loved one. If retained, a dedicated and caring personal injury lawyer could shoulder the legal burdens involved with a claim so that you may focus on healing with your family during this difficult time.
Defining Wrongful Death in Biloxi
For a death to be considered legally wrongful, it must fit within the definitions provided by Mississippi law. According to Mississippi Code Annotated §11-7-13, a lawsuit claiming wrongful and untimely death is appropriate in situations including:
- A real, wrongful, or negligent act or omission that led to a fatality
- Unsafe machinery or appliances that have resulted in a death
- A breach of warranty for any product intended for human consumption that has fatal consequences for the user
As these provisions suggest, a wrongful death claim can exist in cases of malicious attack, medical malpractice, car accidents, defective products, and unsafe medicine, among others. Establishing that an individual or company was at fault for such an incident, however, may require the skill and experience of a Biloxi wrongful death attorney.
Who May Pursue a Wrongful Death Claim?
Pursuant to Miss. Code Ann. §11-7-13, there are numerous parties that may be able to pursue a wrongful death action in Biloxi. The primary factors to consider with regard to eligibility include the identity of the decedent and their surviving family members.
If, for example, the decedent left a will naming a personal representative, that representative may make the claim on behalf of the deceased’s estate. Additionally, the surviving spouse of the deceased, children of the deceased, siblings of the deceased and/or parents of the deceased (if a child) may be eligible to file a claim.
However, all interested parties must pursue damages under a single lawsuit, so any potential plaintiff should be sure to identify all potential co-claimants prior to filing a lawsuit. A detail-oriented wrongful death lawyer in Biloxi could assist with identifying all potential claimants and helping to pursue a single claim.
Compensation Available for an Untimely Death
Compensation in wrongful death cases is considered under two categories. The first category covers damages that should be paid to the estate. These are also known as economic damages and consider the costs incurred by the decedent prior—or subsequent—to their death.
For example, medical bills, funeral costs, and compensation for any damaged property following an incident may all be covered under the umbrella of economic damages. In Biloxi, there is no limit to the value of these economic claims.
The second category for compensation is intended to provide payments to the decedent’s family. These may include pain and suffering endured by the surviving family members, loss of companionship, and any lost wages or earnings now missing due to the decedent’s inability to work and provide for their family. Unlike the economic damages that may be requested in a claim, however, Mississippi law often limits these non-economic damages.
Reach Out to a Biloxi Wrongful Death Attorney
After losing a loved one, you are likely to be traumatized and unsure of how to proceed. Unfortunately, while the grieving process should move at your own pace, you may also be facing financial pressure in the wake of your loved one’s passing.
While the thought of seeking compensation may seem overwhelming during this difficult time, a successful claim may help alleviate your financial burden so that you can focus on spending time with your family and recovering. A persistent Biloxi wrongful death lawyer could work tirelessly to establish liability and build a claim that requests available compensation for your loss. Whenever you feel ready to proceed with a claim, contact us to speak with a caring legal professional and get started. Consultations are always free.