Have you lost a family member due to someone else’s negligent actions? You may be entitled to financial compensation to cover the expenses and loss you’ve endured. Call our Biloxi wrongful death lawyers at Mama Justice – MW Law Firm to see how we can help.

Losing someone you love is never easy, but when it is caused by someone else and entirely preventable, it can make it even more difficult to experience. This is something that you should not have to go through alone.

You may have legal recourse if you believe another person’s wrongful act led to the death of your family member. Mississippi laws state that any death that is caused by a wrongful or negligent act can be considered a wrongful death in civil court.

Here are a few examples of situations that could be defined as wrongful death in a court of law in Mississippi:

  • A car wreck caused by a distracted or intoxicated driver
  • Falling down stairs due to lack of proper maintenance
  • A fatal injury in the workplace where there was a lack of safety standards
  • A semi-truck accident due to the driver falling asleep from being overworked

The above is just a small sampling of wrongful death cases. There are numerous scenarios in which you may have a valid wrongful death case. Every case is different.

You should consult with our experienced Biloxi wrongful death lawyer to determine if you have a solid wrongful death case. We will do a free evaluation to get more information surrounding your loved one’s death, and give you guidance on how to move forward. If we can help you, we will.

By using our decades of experience and working alongside trusted experts and investigators across all appropriate fields, our Biloxi wrongful death attorneys work hard to maximize the recovery of each and every client.

A Biloxi wrongful death attorney from the Mama Justice – MW Law Firm can handle your wrongful death claim from start to finish. We will get you the compensation you deserve, and hold the negligent parties accountable.

Reach out to the Mama Justice – MW Law Firm today. If we determine that you and your family are eligible to take legal action via a Biloxi wrongful death case, we offer representation on a contingency basis. That means you do not pay us any legal fees unless we recover compensation for your damages.

What is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a type of personal injury suit that family members can file following the death of a loved one. The lawsuit, if successful, will result in requiring the responsible party to pay you for damages sustained from the loss of your family member. This can cover things like hospital bills, funeral costs, and pain and suffering.

What is the Difference Between a Criminal Case and a Wrongful Death Case?

This is a very common question, so you’re not alone in asking this. Wrongful death claims are distinct from criminal cases in two ways. Firstly, a wrongful death claim does not involve criminal charges. It is brought by either the surviving family members or the personal representative of the deceased.

Contrastly, criminal cases are filed by the office of the prosecuting attorney. Also, liability is limited exclusively to monetary damages to be paid by the defendant. In a criminal case, however, a conviction can involve probation, incarceration, and other punishments.

Who Can File a Biloxi, MS Wrongful Death Claim?

Mississippi wrongful death lawsuits can only be filed by specific surviving members of the decedent’s family. They are:

  • The personal representative of the deceased
  • A surviving husband or wife
  • A surviving child or parent
  • A surviving sibling

The majority of wrongful death claims are filed by the deceased’s surviving husband or wife. If the deceased also had children, then any damages awarded will be divided equally between the surviving children and the surviving spouse.

If the deceased was single or not lawfully wed, a surviving sibling or parent can pursue a wrongful death claim. Reaching out to a Biloxi wrongful death lawyer from our law firm will ensure that you get the specific legal guidance you need to see a successful resolution to your wrongful death case.

Compensation for Wrongful Death in Mississippi

There are two main categories of damages that you can be awarded in a Mississippi wrongful death lawsuit. They are called economic and non-economic.

  • Economic damages are strictly compensatory. They are intended to reimburse the deceased’s family for objective, quantifiable damages that are calculable. These could include the deceased’s final medical expenses, cremation, burial, and funeral costs, lost wages and other earnings, and property damage.
  • Non-economic damages are designed to serve as compensation for other kinds of damages that are harder to assign a dollar value to. These are subjective, non-monetary losses such as the pain and suffering endured by the deceased, emotional anguish, loss of fellowship, and loss of companionship.

The type and the total amount of financial compensation awarded varies based on the specific details of your case. To get the best estimated value of your case, speak with a Biloxi wrongful death lawyer from the Mama Justice – MW Law Firm.

Who Collects the Funds that are Awarded?

Mississippi law states that any compensation awarded in wrongful death cases will be administered to surviving family members in the following manner:

  • If the victim had a spouse but no children, the spouse will get everything
  • If the victim had both surviving children and a surviving spouse, compensation will be split equally among them
  • If the victim had children but no spouse, all financial compensation will be split equally between them
  • If the victim had no surviving children or spouse, then any compensation will be divided evenly between surviving siblings and parents

Accepting a Settlement Offer

One of the choices you will have to make after filing a wrongful death lawsuit is whether to accept any settlement offer made by the at-fault party. If a settlement offer is made, you should immediately enlist the legal representation of a reputable Biloxi wrongful death lawyer, if you haven’t already at that point.

Why, you ask? Because in most cases, you are dealing with an insurer that is only concerned about its profit margins. They try to save the company as much money as possible by offering grieving families low settlements. Before you agree to an offer or sign anything, speak with a Mississippi wrongful death lawyer who can advise you on whether the offer represents equitable compensation for your losses. You should also be aware that sometimes insurance companies will purposefully offer you lower settlements when you don’t have legal representation because they know you are not well supported in your legal battle.

Hiring a Biloxi Wrongful Death Lawyer

It is a good idea to seek guidance from an attorney as soon as possible after the death of your family member, especially if you suspect there is a liable party. Having experienced legal representation on your side can go a long way toward streamlining the process of getting justice, compensation, and ensuring that all legal filings are handled on time and appropriately.

Statute of Limitations

The statute of limitations is how much time you have to file your lawsuit after the death occurs. Once the date has passed, you may no longer bring a civil lawsuit to recoup financial damages. Every different area of law has a different statute of limitations, and sometimes unique rules and conditions apply to specific circumstances of cases, as well.

There are two distinct statutes that pertain to wrongful death cases in Mississippi:

  • If the death was the result of a willful act, the claim must be brought within one year from the day the death occurred.
  • If the death was the result of wrongful conduct, such as negligence, the claim must be brought within three years from the day the death occurred.

If you are a Mississippi resident but your family member’s accident took place outside of the state, these statutes may not apply. The only way to know for sure what the statute of limitations is for your case is to speak to one of our Biloxi wrongful death lawyers.

Can the Statute of Limitations Be Modified?

Generally speaking, the answer is no, but there are some things that can affect the deadline. If the statute of limitations has already passed but you discover new information that pertains to your legal case, such as information about your loved one’s death that was deliberately concealed, the clock could potentially be reset.

If you are naming a city as the respondent in your suit, you might have considerably less time to wait before filing. If the only person able to file the case is less than 18 years old, the statute does not begin tolling until they are of legal age to file.

What About a Wrongful Death That Happened Years After the Accident?

Wrongful death cases tend to get a little more tricky when the victim is injured in a preventable accident due to the negligence of another person and then passes away several years later because of complications arising from their injury. A lot of people think that the statute restarts after the victim dies. Unfortunately, the countdown usually begins when the initial injury is sustained and would be handled as a personal injury matter.

There are some exceptions to this rule. If the victim was unaware of the harm until long after the initial incident, the statute of limitations may not begin to toll until the injury or illness was discovered. As previously mentioned, the discovery of new evidence might also alter the statute.

Let Mama Justice – MW Law Firm Pursue Compensation for Your Family

There is unfortunately nothing anyone can do to bring our loved ones back. No court on Earth can truly take away the pain and loss that is felt by those who loved the person who lost their life due to someone else’s wrongful conduct. But the laws do allow us to hold the liable party accountable, at least monetarily, and that is what our firm will help you do.

You have enough to worry about dealing with the enormous grief that comes with losing a family member tragically and unexpectedly. Let us take some of your stress away so you can focus on healing. You are in good hands with our Biloxi wrongful death attorneys at Mama Justice – MW Law Firm. We truly care and want to help your family to pursue the path to recovery of the financial loss you have experienced.

We will work to gather relevant information for your case and track down any and all documentation that proves what damages you are entitled to recover.

Our legal services also include:

  • Representing your and your family’s best interests
  • Establishing who is entitled to collect damages
  • Determining all potentially at-fault parties
  • Handling all communications and negotiations with the insurance company
  • Filing a wrongful death suit

Our attorneys have experience in handling a wide range of wrongful death cases, including:

We take care of all aspects of our client’s cases, giving them the time and space to go through the grieving process and be with their families as they try to heal from their loss. Call us at Mama Justice – MW Law Firm today and schedule a free review of your case.

You Have Nothing to Lose

We offer free case evaluations, and we don’t charge a fee unless we win your case. You pay nothing out of pocket.

Our Biloxi wrongful death attorneys understand what it takes to help distraught family members who just lost a loved one in a Biloxi car accident or other negligence-based accident.

Let an experienced Mississippi personal injury attorney from Mama Justice – MW Law Firm represent your family and hold the at-fault party liable for the loss and pain they have caused. Call us at (888) 977-4209 to schedule your consultation.