Unfortunately, a fatal accident happens on the most ordinary days to the most careful people. The last thing you imagine when your loved one leaves the house in the morning is that you will never see them again. They are not doing anything out of the ordinary, so why would anything be different.
Typically, another party acts in a negligent manner which causes an accident resulting in your family member’s death. You must move quickly to start a claim with an Olive Branch fatal accident lawyer from Gatti, Keltner, Bienvenu & Montesi PLC.
The Causes of Fatal Accidents
Many individuals assume that for a fatality to happen, the accident must be abnormal. The truth is that a fatal accident can occur from any negligent action by another party. Some of the most common deadly accidents in Olive Branch are:
- Workplace accidents
- Motor vehicle collisions
- Product malfunction
- Medical malpractice
- Slip and fall
There are many other ways a person can sustain a fatal injury, including criminal acts of violence.
For a free legal consultation with a fatal accidents lawyer serving Olive Branch, call (901) 526-2126
Parties Who Can Be Held Liable for Fatal Accidents
Depending on how the accident occurs, several parties will act negligently and must be held liable. These parties include:
Motor Vehicle Drivers
When a negligent driver causes an accident, they must be held liable for their negligence. There are many reasons drivers cause accidents, from driving distracted to ignoring the road rules. If they were driving for an employee, both parties would be responsible for your loved ones passing.
Several parties will be liable when a product is defective. There is the designer, manufacturer, and distributor. When your loved ones die from a defective product, we will work to hold these parties liable for their actions.
Products must go through rigorous testing before reaching the general public. If there is even one mistake, the public is in danger.
We all trust our medical professionals to help us heal from our ailments. The last thing you expect is they will do something that will cause the death of a loved one. All medical professionals from nurses, doctors, administrators, and hospitals have a standard duty of care to abide by.
When they do not and instead cause injury or death, it is medical malpractice, and they must be held liable.
When a person is at work, they have the right to a reasonably safe working environment. If the employer fails to provide the necessary safety for their employees, they are liable for any accidents. While they have workers’ compensation insurance, additional claims will be filed if there was gross negligence or intentional acts.
There are certain accidents that a local government agency causes. For example, if a broken or missing road sign leads to a collision, the government agency responsible for that area is liable for any accidents caused by their lack of signage. These cases are challenging as there are additional provisions and protection these agencies have.
You must speak with a fatal accident lawyer in Olive Branch immediately.
An act of violence is the most challenging situation to deal with, as it is often unexpected, and the reason behind it is unknown. When your loved one was the victim of a criminal act that caused their untimely death, the surviving family has the option to file a wrongful death claim against the criminal offender.
Olive Branch Fatal Accident Lawyer Near Me (901) 526-2126
The Statute of Limitations for Mississippi
Regarding wrongful death claims, there are two statutes to keep in mind. The statute is one year from the date of death when there was assault, battery, or another intentional act. When negligence results, you will have three years from the accident to file a claim.
Since fatal accident cases are unique, there are also caps on compensation. Economic damages do not have caps. Non-economic cap limits are as follows:
- Product liability $1,000,000
- Prescription medication claims $1,000.000
- Medical malpractice $500,000
Discuss potential caps for compensation with your Olive Branch fatal accident attorney.
Parties Eligible to File a Claim
The deceased was very loved, and it is normal for all of their loved ones to want justice. However, not everyone is eligible to file a claim. The parties who can file a claim and obtain justice for a person’s passing include:
- Estate representatives
The spouse and children will have priority over the other parties in this list. If there is no spouse or surviving children, the parents and siblings would be the next parties to file a claim.
Complete a Free Case Evaluation form now
Damages Available in a Claim
To obtain compensation for a fatal accident, you must prove that the accident happened because of another entity’s deliberate and careless actions. You and your attorney must also show that you have suffered and will suffer personal and financial losses from this death. As the surviving family member of the deceased, you can file a compensation claim and obtain the following:
- Funeral expenses
- Medical costs before their passing
- Pain and suffering
- Loss of companionship
- Loss of support and guidance
- Property damage
- Loss of benefits
Fatal Accidents and the Numbers
The numbers show how common fatal accidents are in Olive Branch and across the country. Unintentional falls account for over 42,000 deaths. The CDC also reports motor vehicle accidents account for over 40,000 deaths.
The Institute of Medicine says that one in five medical errors is fatal. Your loved one can suffer a fatal accident in the most mundane ways and never be the wiser.
Contact a Fatal Accident Attorney in Olive Branch Today
Fatal accidents are the most emotionally jarring for surviving family members. You will never see your loved one again, and you have no idea what to do next. We cannot bring your loved one back, but we can hold negligent parties responsible for their actions.
You must contact an Olive Branch fatal accident lawyer from Gatti, Keltner, Bienvenu & Montesi PLC to handle your claim while you focus on grieving. There are time limits to filing a claim, so call us immediately or schedule an initial consultation using our online form.