Whenever someone loses a loved one, they go through a range of emotions, from disbelief to sadness. If someone else’s negligence caused that loss, a different emotion takes over: anger. It may be difficult to move forward and find closure until there is some measure of justice and compensation. That is the goal of any wrongful death lawsuit.
What all wrongful death lawsuits have in common is a grieving family and a filing deadline. While it might be difficult for a family to take on a lawsuit and all its complex emotions, the statute of limitations is crucial to follow.
Understanding the Wrongful Death Statute of Limitations
The statute of limitations for a wrongful death suit in Mississippi is three years. If you miss that filing deadline, you might be unable to proceed with the claim. That doesn’t mean a case needs to be completed within three years from the day of the death. The case just has to be filed. That might seem like a lot of time, but speaking with an experienced wrongful death attorney is vital to understanding all your options for moving the case forward.
One of the main reasons there are statutes of limitations is to be fair to the plaintiff. The surviving family members and their attorneys can maintain evidence integrity by bringing a case within the statute. Over time, witnesses can forget crucial details. There might also be important records that get lost. When you work within the statute, you greatly improve your chances of building a strong case.
Filing Steps to Take
A wrongful death claim can be extremely complex when the issue of negligence is involved. Unless the case involves a clear-cut case of criminal intent, a wrongful death means you’re assigning blame to someone for the fatality. That is hard to accept, regardless of the circumstances. It is important for families to understand all the obstacles they’ll need to overcome in order to prevail.
With a personal injury claim, you would most likely file a claim against the at-fault party’s insurance company. That will set off a round of negotiations and possible settlement offers. When that claim is elevated to a wrongful death, it will be hard for anyone to admit to that without a rigorous defense. That is why most wrongful death claims move directly onto a civil complaint and lawsuit.
When you file a lawsuit, you have the burden of proof. That means you need to prove by a preponderance of the evidence that the defendant did cause the wrongful death through their negligent acts. To establish that, you’ll need the following:
- Police crash reports
- Surveillance videos (if available)
- Medical reports
- Witness testimony
- Expert testimony
- Reconstruction of the accident (if applicable)
- Forensic account estimates of lost wages and future earning potential
- Survivor testimony
That is a lot of evidence to gather, and it is why you need the support of attorneys like you’ll find working at Owen, Owen & Smith, PLLC. We have decades of experience supporting families with wrongful death claims. We provide support and guidance through every phase of the case, from the initial depositions to the preparation of witnesses for the trial.
We understand how difficult it might be for families to relive the tragic chain of events that led to the death of their loved one. Our goal is always to find a fair and fast resolution so that the family can move on and heal. If you have questions about the circumstances surrounding the death of your loved one, we want to hear from you.
