Losing your loved one in a personal injury accident can be devastating. To lose someone in a car accident, truck accident, or medical malpractice accident can be traumatic. While there is nothing that can replace your loved one’s life, you and your family still deserve to seek closure after your loved one’s death.
Part of seeking closure for your loved one involves holding the parties liable for their death. Let Gatti, Keltner, Bienvenu & Montesi, PLC, personal injury lawyer in Olive Branch, MS, fight for your right to seek justice on a loved one’s behalf. Together with our experienced legal team, you can secure the financial support you need to start down the road to recovery.
Causes of Wrongful Death Accidents
A wrongful death accident happens when a victim dies due to another person’s negligence. Many personal injury accidents can result in the unexpected passing of a loved one. Even worse, these deaths occur at the hands of another person’s reckless actions. Some of the most common of these accidents include the following:
- Medical malpractice accidents
- Car accidents
- Airplane accidents
- Premises liability accidents
- Truck accidents
- Product liability accidents
In addition to these accidents, acts of violence towards another person can result in wrongful death.
Purpose of a Wrongful Death Lawsuit
Out of all personal injury lawsuits, wrongful death lawsuits are often the most misunderstood lawsuits. Many people assume that it is similar to a criminal murder charge. However, these lawsuits are so different from criminal murder charges. Criminal murder charges must be issued by the state and will result in imprisonment as a form of punishment.
A wrongful death lawsuit is a lawsuit that allows the survivors of a personal injury victim to retrieve compensation from the person responsible for their loved one’s death. The only punishment that will be rewarded upon the completion of a claim is financial compensation.
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Filing a Wrongful Death Lawsuit in Olive Branch
Unlike other personal injury lawsuits, other parties not personally involved in an accident are allowed to file a lawsuit.
The survivors of the personal injury victim or the personal representative of the victim’s estate are the only parties allowed to file a claim on behalf of the victim. This is only due to the victim’s death itself. If the victim were alive to represent themselves in their lawsuit, they would be able to do so.
However, because of the victim’s death, the survivors or the estate representative must represent their loved one’s best interest and fight for the compensation they would be rewarded for their accident. You can work with a wrongful death attorney in Olive Branch, MS, to improve your chances of a successful outcome.
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Survivors Who Can File a Wrongful Death Lawsuit
Every family member related to the deceased victim will not be allowed to file a wrongful death lawsuit on their behalf. In terms of the order, the first survivor who would be able to file a lawsuit would be the deceased victim’s spouse. If the victim was not married at the time of the accident, the victim’s children would be next in line to file a lawsuit.
If the victim did not have any children, then the victim’s siblings or next of kin would be the next in line to be able to file a lawsuit after the next of kin would be the personal representative of the victim’s estate. Last but not least, the victim’s surviving parents would be the next parties who would be allowed to file a lawsuit.
You can discuss your right to a complaint filed on a loved one’s behalf with accident attorneys serving Olive Branch. Complete a free case evaluation form now.
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Liable Parties in a Wrongful Death Case
After establishing who is eligible to file a wrongful death lawsuit, the next important step is establishing who to file the lawsuit against. Depending on the nature of your accident, it may be easy to determine the liable parties of your victim’s accident.
For example, the driver of your victim’s car accident can be the liable party in your loved one’s accident. However, suppose your loved one died in a truck accident. In that case, you may have to file a lawsuit against the truck driver and the trucking company because there are often more liable parties involved in a trucking accident.
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Recoverable Damages in a Wrongful Death Case
As a survivor, you have the right to request certain damages on behalf of your loved one’s death. Some of the common damages recovered in wrongful death lawsuits include the following:
Funeral Expenses
You and your family members can request compensation for the costs of burying your loved one.
Medical Expenses
You and your family can also request compensation for any medical bills your victim still owed at their death. The survivors must cover all of the medical services that their loved ones relied on before their death.
Lost Wages
You and your family members can also request compensation for the income your loved one brought in that will be missed due to their death. The death of your loved one will cause a financial strain that your family must be compensated for.
Loss of Companionship
This damage holds the other party liable for losing quality time with the loved one. The loss of your loved one can affect each family member for years.
Reaching a Settlement or Verdict
Your lawsuit will either result in a settlement or a verdict. How you respond to each action throughout your lawsuit will determine which way it is resolved. For example, the insurance company may decide to offer you a settlement as a way to resolve your lawsuit.
If you accept the insurance company’s offer, you may resolve your lawsuit quickly but not receive the maximum compensation you deserve.
If you decide not to accept the insurance company’s settlement offer and cannot reach a mutual agreement about a greater settlement amount, your lawsuit can progress to a trial. This can benefit you in several ways because you can be rewarded with greater forms of compensation.
Contact an Olive Branch Wrongful Death Lawyer Today
At Gatti, Keltner, Bienvenu, & Montesi PLC, we understand how dire it is for you to seek justice for your loved one. Our wrongful death lawyers in Olive Branch, MS, are just as passionate as you are about holding the parties responsible for your loved one’s death accountable. Call our office, or submit our contact form today to schedule a consultation.