It’s a nightmare scenario—you’ve just lost a loved one as a result of an avoidable accident or the reckless actions of another. The pain is unbearable and it can be hard to know what your next steps should be to take care of your family. In times like these, it’s important to have someone on your side you trust and who will work hard for your family’s best interests. Reach out to Ronald E. Stutzman, Jr. today to talk about your options for filing a wrongful death lawsuit. From his offices in Flowood, Mississippi, he’s been helping families like yours for over 15 years to hold the responsible parties accountable and guide them toward peace of mind.
It may feel futile filing a wrongful death claim since there’s no amount of litigation that can bring a person back. However, it can hold the responsible parties accountable for their actions and may prevent needless tragedies like this from happening to other families. Wrongful death claims can also provide your family with much-needed financial compensation to cover expenses like funerals, burials, lost wages, and pain and suffering.
There are a number of ways someone can be charged with a wrongful death lawsuit in Mississippi. This can be due to an accident (called negligence) or an intentional act that may have occurred as part of a crime. It can also cover deaths due to medical malpractice or a defective product. A wrongful death claim is not the same as a criminal prosecution, and is filed to receive damages in the form of financial compensation. However, a criminal conviction can be pursued in addition to a wrongful death lawsuit to hold those liable in a court of law.
To file a claim for wrongful death, you have to be the surviving spouse, parents, siblings, or children of the deceased. You can also be the personal representative of the estate, and this is usually the executor of the deceased person’s will or someone appointed by the court if there’s no one specified. More than one person can join the lawsuit, but there can only be one claim submitted per death. Most claims must be filed within three years of the date of death, but this statute of limitations may be shorter, depending on the unique circumstances of your case.
There are several categories of damages you can receive from a wrongful death claim once you prove liability. These include compensation for medical expenses, funeral and burial expenses, future lost income, pain and suffering, or damaged property. There are some caps in place for non-economic damages (like loss of companionship or pain and suffering) and these are set at $1,000,000 for most claims or $500,000 for a medical malpractice claim.
Hiring an experienced personal injury attorney can help you sift through all the legal proceedings and insurance claims that come after tragic accidents like these. A grieving family should be allowed to focus on their own healing and not a claims adjuster trying to get them to settle. A qualified attorney can take the lead in investigating and organizing evidence, negotiating on your behalf, representing you in court if necessary, and ensuring your claim is completed thoroughly.
The Stutzman Law Firm, PLLC can help you fight for your family’s needs during this difficult time. If you're in Flowood, Mississippi or the surrounding areas of Brandon, Clinton, Pearl, Richland, or Rankin County, reach out to the firm today to set up an appointment.