Gulfport Wrongful Death Lawyer

Losing a loved one is always a painful experience for the family and friends they leave behind.  Those feelings of grief are compounded if there was an act of negligence that caused the death. That would be considered a wrongful death, and the surviving family and beneficiaries are entitled to a remedy. There is no amount of money that could make up for losing your loved one, but there can be compensation that commiserates the loss.

Seeking out fair compensation for a wrongful death claim should not be a burden. The attorneys at Owen, Owen & Smith, PLLC, have experience handling these sensitive cases. We understand the complexity of establishing liability.

You don’t want to take on a wrongful death claim without the backing of a skilled Gulfport wrongful death lawyer.

A wrongful death claim needs to go beyond the conjecture that “something isn’t right” about what happened to your loved one. A wrongful death claim needs to be rooted in the law. The Mississippi legislature defines wrongful death in the following way:

“Whenever the death of any person or of any unborn quick child shall be caused by any real, wrongful or negligent act or omission, or by such unsafe machinery, way or appliances as would, if death had not ensued, have entitled the party injured or damaged thereby to maintain an action and recover damages in respect thereof, or whenever the death of any person or of any unborn quick child shall be caused by the breach of any warranty, express or implied, of the purity or fitness of any foods, drugs, medicines, beverages, tobacco or any and all other articles or commodities intended for human consumption, as would, had the death not ensued, have entitled the person injured or made ill or damaged thereby, to maintain an action and recover damages in respect thereof, and such deceased person shall have left a widow or children or both, or husband or father or mother, or sister, or brother, the person or corporation, or both that would have been liable if death had not ensued, and the representatives of such person shall be liable for damages, notwithstanding the death, and the fact that death was instantaneous shall in no case affect the right of recovery.”

That is legalese speak for “If someone caused another person’s death by negligence, the surviving members are entitled to see recovery.” That law provides you with the legal foundation to pursue your claim. The challenge then becomes establishing responsibility.

Here are some scenarios where a wrongful death claim could be filed:

• A car accident where a driver is arrested for driving under the influence of alcohol or drugs.
• A collision with a truck driver who was asleep at the wheel.
• A fall down the stairs in a public building because of inferior property maintenance.
• An accident at a construction site caused by a subcontractor’s careless actions.
• An employee dying on a job site from toxic exposure to a hazardous material.

Any of the circumstances surrounding a wrongful death need to be thoroughly investigated by your Gulfport wrongful death lawyer.

In addition to the circumstances surrounding the wrongful death, there also has to be a person or entity held responsible. The potential liable parties can include the following:

Individuals

If an individual caused the death by either a negligent or intentional action, that person can be held liable for the incident.

Companies

A company can be held liable if its product caused the death of someone because of a defect or toxic substance.

Medical Practitioners

Although we trust doctors, nurses, and other healthcare providers, that trust does not make them infallible. If their oversight causes a fatality, they can be held accountable.

Government Agencies

A government agency could be liable for a wrongful death because of a poorly maintained bridge, overpass, or road.

Employers

If an employer’s neglect creates an unsafe environment that causes an employer’s death, that employer can be named as a defendant in a wrongful death complaint.

Property Owners

A property owner could be held liable if a visitor dies because of hazardous conditions on their property that weren’t repaired or warned about.

Automobile Manufacturers

A defective car part that triggers a recall from the National Highway Traffic Safety Administration (NHTSA) can be proof of a dangerous condition. If that wrongful death can be attributed to that part, the car manufacturer can be held accountable for the death.

A wrongful death claim is not unlike a personal injury claim. In both situations, compensation is being sought for negligent acts. In a wrongful death complaint, another party is filing on behalf of the deceased party. The following are the eligible parties for a wrongful death claim:

When there is a settlement in these types of claims, the amount is split evenly between the surviving family members named in the complaint. It is important to note that you can only file one claim. In other words, a wife can’t file a claim, receive a reward, and then have the children file a separate claim against the same at-fault parties.

In Mississippi, a wrongful death action based on negligence must be filed within three years of the date of death. In cases where the claim arose from an intentional tort, such as assault and battery, the suit must be filed within one year of the date of death.

Another benefit of working with the attorneys at Owen, Owen & Smith, PLLC, is that we ensure all your filings are made on time and with the appropriate entities. That is one less burden you’ll have to deal with.

The compensation you might receive in a wrongful death action will never fully compensate for the loss you’ve suffered, but it can bring some measure of closure knowing that the negligent parties have been held accountable.

The three types of recoverable damages are economic, noneconomic, and punitive. This is what is covered in each category:

Economic Damages

Economic damages are all the damages that can be supported by a bill or receipt. They can include the following items:

• Medical Expenses: The plaintiffs or survivors bringing the claim can recover medical expenses associated with the incident. That includes any hospital bills, tests, surgical procedures, medication, or other medical-related expenses that are directly attributed to the injury that led to wrongful death.
• Funeral Expenses: All the expenses associated with the deceased person’s funeral and burial are also economic damages. Those expenses can include funeral home fees, burial plot expenses, casket or urn costs, and other services related to the internment.
• Lost Income and Benefits
• If the deceased person was working, the survivors can seek compensation for the wages and benefits that person would have provided them if they had not died. That amount of lost income should also include any future bonuses, retirement contributions, and other employment-related benefits.
• Household Services: If the deceased person provided household services to the family, such as childcare, elder care, or homemaking. In that case, you and your attorney should be able to calculate the value of those services to replace them.

Noneconomic Damages

Noneconomic damages are the categories that speak to your diminished quality of life due to losing your loved one. They can include the following:

• Pain and Suffering: Surviving family members can seek compensation for the pain, suffering, and emotional distress they’ve endured due to the death. This is a subjective amount that can vary based on family.
• Loss of Companionship: Whether your loved one was a parent or sibling, there will be a gap in companionship. Damages can be sought for the loss of a relationship and emotional support that your loved one provided to the family.
• Mental Anguish: Everyone grieves in their own way. Survivors can ask for compensation that is related to the depression, anxiety, and general mental anguish they go through as a result of the death.

Punitive Damages

When the at-fault party’s actions were especially reckless or deemed intentional, punitive damages can be awarded to survivors. A drunk driver or someone charged with murder are prime examples of parties who can have punitive damages assessed towards them.