Tupelo Fatal Motorcycle Accidents

Pursuing a wrongful death claim in a fatal motorcycle accident case begins with Mississippi’s wrongful death statute. The statute provides the procedure that must be followed when bringing a wrongful death action, including who may bring the action in the first place. Under Miss. Code Ann. § 11-7-13, the deceased’s spouse, children, parents, siblings, or personal representative of the estate can all potentially be the proper party, depending on the facts of the case. An experienced wrongful death attorney will know who the property party is in your case, and they can help you avoid any other missteps in pursuing your claims. Failure to abide by the statute could result in the case being dismissed.

In addition to determining the proper party to pursue the claim, the survivors of a fatal motorcycle accident victim generally must also prove that the responsible party was negligent in causing the death. To do this, the legal elements of duty, breach of duty, causation, and damages must be satisfied. Evidence that can be used to establish these elements of negligence can be found in many ways. Police reports are often valuable sources of information. Witness testimony can also be helpful. By seeking the assistance of a personal injury attorney in Tupelo, you can maximize your chances of finding the proof necessary to sustain your claims against the at-fault party.

Once the elements of negligence have been met, damages will become the main focus of the case. In fatal motorcycle accident cases, the damages available are more extensive than many other personal injury actions. They can include past medical expenses, lost wages, pain and suffering experienced before death, funeral expenses, burial costs, loss of consortium, and more. It is critical to understand all elements of damages under Mississippi law in order to know which may apply to your particular situation.