“Wrongful Death” occurs when someone is killed because of the negligence of another person, corporation or entity. These cases may arise from a variety of circumstances, including auto accidents, trucking accidents, defective products, job mishaps, and construction accidents, among other causes. Any time a loved one is lost, and the death was caused by someone else, a claim for wrongful death should be investigated.
Section 11-7-13 of the Mississippi Code Annotated states that a wrongful death beneficiary (usually, but not always, a close family member) is entitled to recover all damages “allowable by law as the jury may determine to be just, taking into consideration all the damages of every kind to the decedent and all damages of every kind to any and all parties interested in the suit.” This can include (1) expenses of last illness, (2) any conscious pain and suffering, (3) funeral expenses, (4) the present net cash value of the deceased’s work life expectancy, (5) the loss of society and companionship of the deceased, and (6) punitive damages, if the death was caused by “gross negligence” or “willful misconduct.” Generally speaking, Mississippi’s wrongful death laws are generous in nature, both in recognizing who may recover among surviving relatives, and in the amount of recovery available to those relatives.
Wrongful death claims are among the most serious types of cases, and they require experienced legal representation coupled with compassion and understanding. Obviously, the emotional and financial impact on the surviving family is devastating. The last thing you want to be thinking about while grieving a lost loved one is building a legal case, but unfortunately that is probably what the insurance company is doing while you are suffering. Critical evidence can be destroyed in the days and weeks following a fatal accident, so it is important that you get legal help almost immediately. Clarence and The Guthrie Firm can help you through this process. Let us work on it while you take care of the more important things in your life.
If you feel you have the basis for a wrongful death action, please call The Guthrie Firm, PLLC at (601) 991-1099 or contact us online. We are here to help.