Hancock County Wrongful Death Lawyer
An unexpected death of a loved often results in intense emotional pain for the decedent’s family. Dealing with the aftermath of an unexpected death can also place a significant financial burden on those left behind. Fortunately, many families do not have to bear the full financial burdens of an unexpected loss. If another party’s negligent or reckless acts or omissions caused the death, that party or his insurer might be responsible for providing compensation.
A compassionate personal injury attorney could help families evaluate their legal rights following a death. A Hancock County wrongful death lawyer could identify all possible defendants and demand that the responsible parties provide appropriate compensation.
Understanding Wrongful Death
In many situations, one party assumes a duty of care for another. For example, a person who operates a vehicle, invites a guest onto his or her property, or works in the medical field could be held liable if their negligence or recklessness leads to someone else’s wrongful passing.
Proving that a party is liable for a death requires the same burden of proof as a personal injury claim. For example, if the wrongful death arose from a car accident, a plaintiff must show that a defendant violated traffic safety rules or acted in reckless disregard for the safety of the decedent.
Mississippi Code §11-7-13 says that a wrongful death claim may arise out of any negligent act or omission that results in a fatality, or from a breach of warranty for any product intended for human consumption, or from unsafe machinery or appliances. As a result, a defendant is liable for any injury or death that one can prove resulted as a consequence of their negligence, and/or their reckless or violent activity. A dedicated Hancock County attorney can visit with the family of the deceased and discuss their eligibility to file a wrongful death suit and how to proceed with a wrongful death claim.
Who Can Pursue a Wrongful Death Claim in Hancock County?
Wrongful death cases are unlike other personal injury claims. The injured party cannot file a claim, and the purpose of the claim is to provide compensation for affected family members and/or the estate of the decedent.
According to Miss. Code Ann. §11-7-13 surviving family members can file a case in court. If these family members are unwilling or unable to file a claim, the personal representative of the estate can serve as the plaintiff.
The goal of the case is to bring monetary compensation to surviving family members. Losses such as medical bills and funeral expenses may be recovered. Additionally, family members may be able recover compensation for such damages as:
- The loss of companionship with or guidance from the decedent
- The pain and suffering of the deceased loved one between the time of injury and the time of death
- Lost wages if the decedent was a source of income
Current Mississippi law places a cap on the amount of “non-economic” damages available in a wrongful death lawsuit at one million dollars. These damages include pain and suffering, loss of companionship, and emotional trauma. There is no limit for recovery of economic damages, such as medical bills, funeral expenses and the like. A skilled Hancock County attorney could measure how a wrongful death has impacted a family and demand appropriate payments.
Seek Help From a Hancock County Wrongful Death Attorney
The chaos and grief that follow an unexpected death are never easy to bear. A family may find themselves without a direction while needing to pay for funeral costs and medical bills.
Pursuing a wrongful death lawsuit is one way to bring security for the future. 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 grieving.
A Hancock County wrongful death lawyer could handle the complex paperwork and difficult legal questions as you seek compensation for losses caused by a loved one’s untimely death. Schedule a free consultation today.