It can be emotionally and physically taxing to lose a cherished family member. When another party is responsible for causing their death, there are multiple ways you could hold them accountable and get justice for your deceased loved one.
Ensure you have the legal support you need when you need it most. Call a knowledgeable Hernando personal injury lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC for a free consultation today and explore your options further.
Common Causes of Wrongful Deaths in Hernando
Once you decide to take legal action after the loss of a loved one, you will need a dedicated wrongful death lawyer in Hernando, MS, at Gatti, Keltner, Bienvenu & Montesi, PLC, on your side. We can help you fight to hold the at-fault party accountable to the fullest extent of the law.
To begin, we will evaluate how your loved one’s death occurred. The cause of the accident or event in question will point us in the direction of those responsible. With that in mind, here are some of the most common causes of wrongful deaths:
Work-related accidents often cause debilitating and severe injuries. In fact, some industries are known for work accidents more often than others. For example, individuals working in construction, warehouses, or oil fields are far more likely to suffer fatal injuries than those working in an office setting.
Suppose your loved one passed away from a machinery accident, construction vehicle accident, or any other type of on-the-job accident. In that case, you may have the right to worker’s compensation death benefits and compensation through your wrongful death lawsuit.
Motor Vehicle Crashes
Motor vehicle accidents are another common way victims suffer fatal injuries. Rollover, multi-vehicle, and drunk driving accidents are just a few of the most common causes of fatalities in car wrecks.
Suppose your loved one was killed in a commercial truck accident, motorcycle crash, bicycle accident, pedestrian accident, or any other type of motor vehicle wreck. In that case, your family may have the opportunity to file a claim with the insurance company and move forward with your wrongful death action.
Medical Malpractice and Nursing Home Abuse
Your wrongful death attorney in Hernando, MS, can assist you when you lose a loved one due to their healthcare provider’s negligence or wrongful actions. These deaths may occur in any medical facility or in a nursing home. Some examples of medical mistakes that result in fatalities include:
- Failure to treat
- Failure to diagnose
- Medication mistakes
- Fatal birth injuries
- Anesthesia mistakes
- Surgical errors
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Legal Options After Losing a Loved One
There are multiple ways your family could take legal action when you lose a loved one due to another party’s wrongful or negligent conduct.
Your wrongful death lawyer will help you consider all options to ensure the liable party is brought to justice in every way. Here are some of the legal options that may be most suited for your wrongful death case:
File an Insurance Claim
You may be able to file a claim with the insurance company when a family member passes away. For example, suppose your family member was killed in a motorcycle accident. In that case, you might have a chance to file a claim with the liable party’s insurance company since Mississippi is a fault state for car accidents and insurance claims.
However, that does not mean the insurance company will compensate your family for every loss and all damages. You can expect the insurance company to attempt to reduce their financial obligations wherever possible. For this reason, you may need to explore other options for financial relief.
File a Wrongful Death Lawsuit
When the liable party is not covered by insurance or lacks the insurance coverage needed to compensate your family fairly, filing a wrongful death action against that may be appropriate and necessary.
When you file a lawsuit, you are not restricted in the same way you are when you file an insurance claim. However, Mississippi law does state that there is a $1 million cap on non-economic damages.
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Laws that Affect Hernando Wrongful Death Actions
Your Hernando wrongful death attorney will be ready to help you with your civil claim against the individual or entity that caused your family member’s death. However, there are certain things you need to know about how wrongful death laws work and what to expect as you pursue your case:
Only Specific Parties Can File the Claim
According to Miss. Code §11-7-13, only specific parties can file a wrongful death claim in Hernando. These parties include, in the following order:
- The decedent’s personal representative
- The decedent’s surviving spouse
- The decedent’s adult children
- The decedent’s surviving parents
- The decedent’s surviving siblings
Under Mississippi law, only one party can initiate the wrongful death action. However, all the parties mentioned above can join the lawsuit and be awarded damages.
Recoverable Damages in a Wrongful Death Lawsuit
In pursuing your wrongful death claim, there are specific damages that the court can order. These include both economic and non-economic damages, such as:
- Personal property damages
- The decedent’s medical expenses
- The decedent’s physical pain and suffering before their death
- The decedent’s funeral and burial expenses
- The surviving family members loss of the decedent’s financial support
- The surviving family members loss of the decedent’s companionship, advice, protection, guidance, and love
The Statute of Limitations for Wrongful Death Claims
There are strict deadlines in place that could influence your ability to move forward with your wrongful death claim. The statute of limitations under Mississippi law states that wrongful death claims must be filed within three years of the decedent’s death.
However, this is only true if the wrongful death was a result of an accident. If your loved one was killed intentionally, such as in homicide, the wrongful death lawsuit must be filed within one year. Your claim must be filed in time, or the court system will refuse to hear your case.
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When someone else causes your loved one’s death, you can take legal action against them and recover compensation that makes it possible for your family to pick up the pieces and mourn your relative without financial straits.
Contact a compassionate Hernando wrongful death lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC, to discuss the value of your claim and how the wrongful death lawsuit process works. Please fill out our convenient contact form or call our office to schedule your free, no-obligation consultation to get started today.