Richard Schwartz & Associates Injury Lawyers, P.A., are committed to safeguarding the rights of families who are experiencing the most difficult challenges and need solid and unwavering assistance to guide them through tough times after the loss of a loved one. Our legal team is here to fight for the justice and compensation your family deserves.
Support for Families in Jackson, Mississippi
If you’ve lost a loved one because of someone’s negligent act, you may be feeling overwhelmed and uncertain of what to do next. We realize that you may be unsure about bringing a lawsuit against the individual or individuals who caused your loved one’s death. We also recognize that money will never replace your lost loved one nor alleviate your suffering. Unfortunately, the primary legal remedy available in these circumstances is financial compensation for your loss caused by someone else’s negligence.
The attorneys at Richard Schwartz & Associates understand the difficult situation you face and are here to help. We have more than 40 years of experience handling Jackson, MS, wrongful death claims, and we are committed to helping families get the compensation they deserve. Let us take the legal aspects of your claim while you focus on grieving and rebuilding your life.
Wrongful Death FAQs
What Is a Wrongful Death Case?
A wrongful death suit may develop when someone dies due to someone else’s negligence. A Jackson wrongful death attorney will examine the evidence in your case and help you determine who is liable for your loved one’s untimely death. We will help you pursue justice by holding the responsible party accountable.
Per Mississippi Code § 11-7-13, surviving family members can file a wrongful death claim if their loved one’s loss was caused by “any real, wrongful or negligent act or omission,” a defective product (product liability), or an unsafe item intended for human consumption (such as food or medication).
There may be several causes behind a wrongful death. The following are some examples of typical accidents that might result in a wrongful death lawsuit:
- Automobile wreck
- Motorcycle crash
- Truck accident
- Airplane crash
- Nursing home neglect or abuse
- Medical malpractice
- Workplace injuries
- Products liability — dangerous drugs or products
- Premises liability accident — an injury occurs on someone else’s property
Who Can File a Wrongful Death Claim?
Personal injury lawsuits are comparable to wrongful death claims. The only distinction is that the injured individual cannot bring their case in a wrongful death case because they have died. Instead, another person must take responsibility for bringing the case before the court on behalf of the deceased person.
The following people can bring a wrongful death claim on behalf of the deceased under Mississippi’s wrongful death statute:
- A representative of the deceased person’s estate
- Spouse
- Parents
- Children
- Siblings
When a surviving spouse files a wrongful death claim in response to the death of a loved one, the damages are shared equally between them and their children. If there is no surviving spouse or children, the decedent’s surviving parent or sibling may bring the case to court.
Can There Be Multiple Wrongful Death Claims For One Individual?
Mississippi’s wrongful death statute only allows one lawsuit in response to a fatal accident. However, even though there is only one wrongful death claim, all interested parties can file and join the case. You will need to submit paperwork to the civil court to be allowed to join, so you’ll benefit from the assistance of our experienced Jackson, Mississippi, wrongful death attorneys.
Our personal injury attorneys at Richard Schwartz & Associates Injury Lawyers, P.A. can assist you in filing a wrongful death claim for your deceased family member. Our wrongful death lawyers will also help you file the legal documents necessary to be appointed as the personal representative of your departed family member’s estate.
What Is the Statute of Limitations For Filing a Wrongful Death Claim in Mississippi?
You must file a negligence action for death within three years of the date of death. If you bring a negligence claim against a health care provider, you must file the wrongful death claim within two years of the death. In instances where the damage is due to an intentional tort, such as an assault and battery case, the plaintiff must file a wrongful death lawsuit within one year of the victim’s death.
What Damages Can I Claim in a Wrongful Death Lawsuit?
Fatal accidents inevitably result in a heavy emotional and financial burden for surviving family members. The losses and future financial worries of surviving families are significant. A representative may file a wrongful death claim on behalf of the surviving family members in Mississippi. In such cases, plaintiffs can receive economic and non-economic compensation. The following is an example of ongoing financial assistance the family might receive:
Economic damages are quantifiable losses that can be
- Medical expenses for the deceased
- Funeral and burial expenses
- Lost wages and other income
- Property damage
- Assistance with children and household duties
Non-economic damages compensate for other types of harm that are more difficult to assign a monetary value to.
- Pain and suffering
- Emotional distress
- Loss of support and companionship
- Loss of consortium
Every instance is unique, with its own set of circumstances. The situation might impact the amount of compensation awarded in a wrongful death lawsuit. Mississippi has established a limit on non-economic damages in a wrongful death claim, depending on the manner of death.
Contacting a wrongful death lawyer is the most effective approach to assessing the worth of a wrongful death claim. The lawyer may look at the facts of your case and give you a more accurate picture of what compensation you might get.
Surviving family members must be able to support themselves, their children, or other dependents and plan for the future. Therefore, you owe it to your loved ones to get competent legal help in recovering compensation for your loss. The wrongful death attorneys at Richard Schwartz & Associates can help you receive compensation for you and your family members.
The type and amount of compensation awarded will vary depending on the specific circumstances of your case. The best way to estimate the value of a wrongful death claim is to speak with an attorney.
Contact Us 24/7 to Schedule a Free Consultation
Richard Schwartz & Associates wrongful death attorneys are here for you in Jackson, Mississippi. We have a reputation for our commitment to personalized and empathetic support. We value the attorney-client relationship and reach out to you frequently to keep you informed throughout the legal process. We also have the abilities and resources necessary to achieve effective results. Do not hesitate to contact us if you have questions regarding a fatal accident or wrongful death claim.
If you pursue a wrongful death lawsuit through our law firm, you will not pay any legal fees unless we successfully obtain compensation for you. So, let our Jackson wrongful death lawyers help you seek justice for your loss.
