Jackson, MS Wrongful Death
Sadly, fatal car and truck accidents occur each day, and many ill or elderly people pass away as a result of nursing home neglect or medical malpractice. Losing a loved one is never easy. All states, including Mississippi, have enacted wrongful death statutes to allow a claim to be brought if someone is killed as a result of a negligent act that would have entitled the deceased to bring a personal injury claim had he or she survived. If you have lost a loved one as a result of a negligent act or omission of another, call Nahon, Saharovich & Trotz today to discuss your legal rights. Our Jackson wrongful death attorneys have obtained more than $1 billion in recovery for injured parties and their loved ones.What Makes a Death “Wrongful”?
Mississippi law includes in its definition of wrongful death one that is caused by a wrongful or negligent act or omission. Hence, this would include most personal injury causes of action stemming from car accidents, truck accidents, product liability, nursing home abuse, and medical malpractice. Other wrongful death actions may include negligent security, such as when a property owner in a high crime area in Jackson fails to properly secure the premises and a customer is the victim of a shooting as a result.
In a wrongful death claim, suit is filed on behalf of the deceased since the deceased is no longer alive to bring suit in his or her own name. The parties allowed to file a wrongful death claim in Mississippi may include the personal representative of the decedent’s estate, the surviving spouse, or the surviving parent or child of the decedent, depending on the facts of the case. Before filing your lawsuit, you should consult with a wrongful death lawyer in the Jackson area. Otherwise, the case may be dismissed if the law was not followed.
An example of how this statute would apply is as follows. A drunk driver runs a red light and strikes another vehicle, and one of its occupants is killed upon impact. Had the occupant survived the crash, he or she could have been able to pursue a personal injury claim against the drunk driver for medical bills and other damages, depending on the injury. However, since the victim is deceased, the widow or personal representative of the estate may be able to file a wrongful death lawsuit against the drunk driver in civil court and seek monetary damages on behalf of the beneficiaries.Damages Available in a Wrongful Death Case
A wrongful death can place a significant financial burden on surviving family members and loved ones. This burden is magnified when the deceased was the family’s primary income earner. Suddenly, the family must now find a way to replace the deceased’s income to pay for essentials such as food, housing, household expenses, and school, among others. Many times, the only way to be able to satisfy these costs is by filing a wrongful death action against the responsible party or parties.
Mississippi law allows for certain damages to be recovered in a wrongful death lawsuit. These include funeral and burial expenses, medical bills incurred between the date of injury and death, loss of the deceased’s future income, loss of companionship, emotional distress, and mental anguish. An experienced wrongful death attorney can help you understand what damages may apply in your case.
Some of the most common circumstances in which Jackson residents and other people in Mississippi lose their lives are motor vehicle collisions. Many of these occur on interstates like I-20 or I-55, as well as the four-lane connector of I-220. More than 500 people in passenger vehicles died in Mississippi crashes in 2015. The vehicles involved were roughly evenly divided between passenger cars and “light trucks,” a term used to encompass SUVs, pickup trucks, and vans. Fatal traffic accidents in Jackson itself rose sharply from 14 to 22 between 2013 and 2014, the majority of them occurring on interstate highways but some on city streets like Bailey Avenue, Capitol Street, or Beasley Road.Discuss Your Wrongful Death Claim with a Knowledgeable Jackson Attorney
If you have lost a loved one in a car accident or due to the recklessness or carelessness of another, you may be able to file a lawsuit on behalf of your loved one. At Nahon, Saharovich & Trotz, our Jackson wrongful death lawyers can help you determine whether you have a viable claim and discuss the types of damages available to you by law. Call us toll-free at 1-800-LAW-4004 or complete our online form to set up a free consultation with one of our personal injury attorneys. NST is the way to go.