Wrongful Death Lawyer
Columbus wrongful death lawyers help families file civil actions when family members pass away due to the negligence or wrongful act of another. According to the CDC, accidents are the fourth leading cause of death in Mississippi.
While no amount of financial compensation can make up for the loss of a beloved family member, the compassionate personal injury attorneys at NST Law can help alleviate the resulting financial stress so the healing process can begin.
Table Of Contents
- Who can file a wrongful death claim?
- Wrongful Death Compensation
- What qualifies for a wrongful death claim?
- What are common causes of wrongful death?
- Who is liable for wrongful death?
- Wrongful Death Statute of Limitations
- When should I contact an attorney?
- How much will it cost up front to retain a wrongful death attorney?
- How can a personal injury lawyer help me with my wrongful death case?
- Why is NST Law the best choice?
Who can file a wrongful death claim?
A wrongful death action may be brought on behalf of the estate of the deceased by the following:
- A personal representative
- Other next of kin
Wrongful Death Compensation
Wrongful death compensation is meant to restore financial and intangible losses to the family and hold the negligent party accountable.
What damages can you claim for wrongful death?
Damages available to families include, but are not limited to, the following:
- Medical expenses of the deceased
- Funeral and burial costs
- Pain and suffering of the deceased
- Emotional anguish of the family
- Loss of earnings of the deceased
- Loss of companionship
- Loss of consortium
- Loss of parental guidance
- Lost inheritance
Punitive damages are available in cases where it can be proven that the defendant engaged in reckless or deliberate conduct that led to the injury.
Who receives the proceeds in a wrongful death lawsuit?
The damages are awarded to the spouse and children, or equally divided among heirs in the absence of a spouse or children.
What qualifies for a wrongful death claim?
Negligence is the failure to act in a reasonable and prudent manner. When it can be shown that the death of a person or viable fetus ensued as a result of someone else’s negligence, you have a case for wrongful death. To prove negligence, the following elements must be present:
- The defendant owed the plaintiff a duty of care.
- The defendant breached the duty of care through acts of omission or commission.
- An injury occurred that would not have occurred were it not for the breach.
- The breach is the proximate cause of the injury
What are common causes of wrongful death?
NST Law has handled a large variety of wrongful death cases, but some case types are especially common.
Automobile crashes are the leading cause of injury-related deaths in the state. Mississippi has one of the highest motor vehicle fatality rates in the nation. The most common causes of car accidents in Mississippi are:
- Failure to use seat belts
- Impaired driving
- Distracted driving
In 2020, 969 commercial truck accidents resulted in 84 fatalities on Mississippi roadways. With U.S. Highways 82, 45 and 45A passing through Lowndes County, truck traffic is a reality in Columbus. Most truck accident deaths are occupants of passenger vehicles. This is due to the significant size difference between commercial trucks and other vehicles.
Mississippi is the third deadliest state for motorcyclists as of 2019. As of 2018, motorcycles were 27 times more likely to be involved in a fatal crash than passenger vehicles. Motorcycles are vulnerable because they are often not seen by other drivers, and they lack crash protection.
Common causes of motorcycle accidents include the following:
- Reckless driving
- Distracted driving
- Drunk driving
- Drowsy driving
Mississippi workers sustained 44 fatal injuries in 2020. The highest number occurred subsequent to the following:
- Transportation incidents
- Contact with objects or equipment
- Exposure to harmful substances or environments
Medical malpractice occurs when a health care provider fails to provide a reasonable standard of care, and an injury results. The most common medical errors include the following:
- Drug errors
- Surgical errors
- Wrong-site surgery
- Mistaken patient identity
Who is liable for wrongful death?
Liability for wrongful death usually lies with the negligent party. However, vicarious liability applies to some cases, and negligent parties are not always present during the incident.
Negligent drivers bear liability for most automobile accidents, and compensation is paid by their insurance companies. If the driver is not the owner of the vehicle, the owner also incurs liability.
Truck drivers are most often employees driving trucks owned by trucking companies. In these cases, the trucking company bears liability, although the driver may share liability in some cases.
Defective products, such as auto parts and safety equipment, can cause or contribute to automobile and workplace accidents, incurring liability for the manufacturer.
Property owners who fail to maintain safe premises incur liability when injuries occur.
Health Care Providers
Health care providers include but are not limited to doctors, nurses, therapists, pharmacists, hospitals and long-term care facilities.
Employers and Workers’ Compensation
Workers’ compensation is a no-fault system whereby injured employers receive free medical treatment and partial wage replacement. Death benefits are available to families. Employers who carry workers’ compensation are protected from additional liability. Employers that do not carry workers’ compensation incur liability if negligence can be proven.
Wrongful Death Statute of Limitations
The statute of limitations for most wrongful death cases is three years, and two years in medical malpractice cases and workers’ compensation cases.
When should I contact an attorney?
It is important to contact an experienced personal injury attorney at NST Law as soon as possible after the death of your loved one.
Although the statute of limitations seems to allow sufficient time, preparing a robust case requires multiple processes including medical record retrieval, forensic analysis of the incident and witness interviews. The deadline can approach quickly.
How much will it cost up front to retain a wrongful death attorney?
Our firm works on a contingency fee basis, which means we do not charge upfront fees. We charge a percentage of the compensation we recover for you.
How can a personal injury lawyer help me with my wrongful death case?
Dealing with the death of a family member can be overwhelming. The last thing your family needs is the stress of navigating the legal system and fighting insurance companies that do not want to pay your family the compensation you need and deserve.
Our wrongful death attorneys can handle these details for you while you and your family come to terms with the tragic loss of your loved one.
Why is NST Law the best choice?
NST Law has been fighting for the cause of the injured for more than 32 years. Our attorneys are passionate about helping clients receive maximized compensation, so they can experience financial security and restore their lives to the fullest extent possible.
We consider ourselves champions for the injured because we take on our clients’ causes with determination and resolve. We refuse to accept anything less than remarkable results. Below are just a few examples of the results we have achieved on behalf of our deserving clients:
- $6.3 million on behalf of a retired 65-year-old man killed in a truck accident
- $1.5 million on behalf of a couple injured in a car accident that resulted in the death of the husband
- $1.3 million on behalf of a 21-year-old woman whose infant died as a result of car accident injuries while in the womb
If your loved ones have been taken from you too soon, time is of the essence. Contact the champs today to schedule your free consultation.
Contact us for a free consultation now so that we can review your case and decide how we can best help you.