If you lost a loved one because of injuries they sustained in a personal injury accident in Biloxi, Mississippi, you may be able to seek and possibly secure compensation to cover the losses your family incurred. A Biloxi wrongful death lawyer from the Morris Bart law firm may be able to handle your legal case if you qualify to file a suit against the at-fault party. Let a member of our team review the facts of your family member’s Biloxi personal injury accident case.
Call the Morris Bart law firm today at (800) 537-8185. We offer complimentary consultations, and if we determine that your family may be able to take legal action in a Biloxi wrongful death case, we can represent you on a contingency basis. You would owe our firm no fees unless we help you recover compensation.
What Constitutes Wrongful Death in Mississippi?
Although the meaning of “wrongful death” in civil law remains essentially the same, each state has its own specific legal definition of this type of tort or wrongdoing. According to Mississippi Code Annotated Section 11-7-13, if the death of a person or unborn child is caused by any real, wrongful or negligent act or omission, a wrongful death action may be brought by certain individuals to recover damages sustained as a result of the death.
“A wrongful or negligent act or omission” can refer to torts such as neglect, medical malpractice or intent to harm. Neglect is the failure to use proper care based on the circumstances. Medical malpractice specifically refers to negligence by a medical professional or licensed health care practitioner that results in patient injury. Intent to harm can refer to various criminal acts, such as assault or homicide.
Many fatal accidents in Biloxi, Mississippi can give a family grounds to file a wrongful death claim. Common examples are motor vehicle accidents, catastrophic falls, workplace incidents, dangerous premises, medical malpractice, and defective products or medicines. If the nature of a death would have entitled the victim to maintain a personal injury action had he or she survived, family members have the right to pursue a wrongful death claim.
For a free legal consultation with a Wrongful Death lawyer serving Biloxi, call 800-537-8185
What to Expect When Filing a Wrongful Death Claim
If your family wishes to pursue a wrongful death claim in Biloxi, expect what may be a challenging and emotional legal process. Your first step should be to consult with a Biloxi personal injury attorney who can help you get through each step of a lawsuit. Your attorney can investigate your loved one’s death, identify the defendant(s), gather evidence and take over legal matters for you.
A wrongful death claim is not the same thing as a criminal case against an individual for knowingly or intentionally causing the death of a victim (e.g., homicide or murder). It is not necessary to prove intent to harm or kill in a wrongful death claim, nor is proof beyond a reasonable doubt required. It is enough to show that the victim would not have died but for the defendant’s negligent act or omission.
The majority of wrongful death claims in Mississippi reach settlements, or an agreement between an insurance company and a claimant to resolve a legal dispute for a certain amount of money. If a settlement cannot be reached, a wrongful death case may need to go to trial. A trial involves the presentation of arguments, evidence and witnesses before a judge or jury who will then make a decision on the case.
Proving Negligence in a Wrongful Death Case
Most wrongful death cases in Biloxi are based on the legal doctrine of negligence. Negligence is the failure to take proper care in doing something, meaning to act in a way that a reasonable and prudent person would have in the same or similar circumstances. If one person’s negligence results in the loss of another’s life, a wrongful death lawsuit can be brought by surviving loved ones.
Proving or establishing negligence in a wrongful death case requires evidence of four elements:
- The defendant owed the decedent a duty of care, or an obligation to act in a certain way.
- The defendant fell short of the duty of care.
- The defendant’s breach of duty caused the decedent’s fatal injury or illness.
- The filing party suffered compensable damages.
Proving negligence requires a preponderance of the evidence, meaning enough proof to establish that the defendant is more likely than not to be responsible for the wrongful death. An attorney can help you collect and present evidence to support your wrongful death case in Biloxi, such as a coroner’s report, accident reports, signed eyewitness statements and testimony from an expert.
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Understanding Who Can File Biloxi Wrongful Death Claims
Under state law, a qualifying family member or personal representative of the deceased may be able to take legal action to hold the at-fault party liable if there is evidence to prove that party’s negligence caused the victim’s injuries and death. In any case where a victim who survived would have qualified to file a personal injury claim or case, there should be someone who may be able to pursue wrongful death damages.
Qualifying family members include:
- A surviving spouse
- A biological or adoptive parent
- Surviving children
- Siblings
- Possibly other close family members
A personal representative of the estate, such as the executor of the will or court-appointed administrator of the estate, may also be able to file a claim or lawsuit on behalf of the surviving family members.
At the Morris Bart law firm, our team may be able to help you understand if you qualify to take legal action in your loved one’s Biloxi wrongful death accident case. We can review their accident case for free and explain the actions you may be able to take. Call (800) 537-8185 now to get the process started.
Let Morris Bart, LTD Pursue Compensation for Your Family in a Biloxi Wrongful Death Case
A Biloxi wrongful death attorney from the Morris Bart law firm may be able to help qualifying family members pursue a settlement or court award based on their loved one’s losses as well as their own. Our team can help work to collect evidence that supports your case and gather documentation to prove what recoverable damages you may be entitled to.
We may also:
- Represent your family’s best interests
- Determine who is eligible to recover damages
- Identify all potentially liable parties
- Enter into negotiations with the insurance carrier if applicable
- File a wrongful death lawsuit if necessary
Our team may be able to take on a wide variety of wrongful death accident cases, including:
- Car accidents
- Truck accidents
- Pedestrian accidents
- Motorcycle accidents
- Other motor vehicle accidents
- Slip and falls
- Falls from a height
- Drownings
- Other premises liability accidents
- Product liability and defective product injuries
- Medical malpractice
- Birth injury
- Assault and other intentional injuries
We may be able to handle all aspects of our clients’ legal cases, allowing them to spend time with their families and begin to heal from the loss of their loved ones. Let a member of the Morris Bart law firm wrongful death team review your case for free.
Time Limits on Filing a Mississippi Wrongful Death Action
In general, Mississippi law provides up to three years to file a wrongful death lawsuit against the liable party who may have caused your loved one’s injuries and death. However, depending on the facts of your case, you may have as little as one year.
If you miss the applicable deadline in your Biloxi wrongful death case, your family may be unable to take legal action, and it could be difficult or impossible to recover damages or hold the at-fault party liable.
Our team may be able to help you understand the time limits that apply based on the facts of your family member’s Biloxi wrongful death accident or incident. Contact the Morris Bart law firm today to talk to a member of our team serving Biloxi about your case.
Pursuing Wrongful Death Damages After a Biloxi Personal Injury Accident
A Biloxi wrongful death lawyer from the Morris Bart law firm may be able to pursue several different types of damages on behalf of you and other surviving family members as well as the estate.
Wrongful death damages may include:
- Out-of-pocket expenses related to your loved one’s funeral and burial
- Expenses you incurred stemming from their injuries
- Loss of companionship
In some cases, our team may also be able to secure compensation based on the personal injury damages your loved one could have recovered if they survived their injuries. This compensation would go to their estate, and may include:
- Medical treatment costs
- Lost wages and benefits
- Property damages
- Pain and suffering damages
- Other non-economic damages
To learn more about the damages you and other surviving immediate family members may be eligible to recover in a Biloxi wrongful death case, reach out to the Morris Bart, law firm. We will review your case for free and may be able to pursue compensation on your behalf if you qualify.
Talk to a Member of Our Biloxi Wrongful Death Legal Team
A Biloxi wrongful death attorney from the Morris Bart law firm may be able to assist family members who lost a loved one in a Biloxi traffic accident, premises liability accident, or other negligence accident pursue damages if they meet the qualifications set by state law. During a complimentary consultation with a member of our team, you can discuss your loved one’s accident and learn if you may qualify to take action.
Let an attorney from the Morris Bart law firm potentially represent your family and try to hold the at-fault party or parties accountable for the pain and loss they may have caused your family. Call us at (800) 537-8185 to get started with an initial consultation.
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