Mississippi Truck Accident Attorneys Explain Wrongful Death Actions
Commercial trucks are massive in size, often weighing up to 80,000 pounds and stretching several car lengths. When these trucks collide with smaller passenger vehicles, the results can be catastrophic. Each year, about 5,000 individuals are killed in truck accidents and another 130,000 are injured.
For the family members of those 5,000 individuals killed in truck accidents, life comes to an abrupt standstill. Suddenly they are left coping with the loss of their loved one who was taken too soon. The family suffers emotionally, and often financially as well. The loss of the income of a breadwinner can be devastating to the average family.
In the state of Mississippi, the family members of deceased truck accident victims can seek compensation from the truck driver or trucking company who caused their relative’s death. Compensation is pursued through a wrongful death suit. Wrongful death actions offer grieving family members an opportunity to not only receive financial compensation but to ensure justice is served for the death of their loved one.
Parties Eligible to Bring a Wrongful Death Suit
Under Mississippi law, the following individuals are allowed to file a wrongful death suit:
- The surviving spouse
- The child or children of the truck accident victim
- The surviving parent of the victim
- The personal representative of the victim’s estate
- Siblings of the deceased victim
When a surviving spouse initiates the action, any compensation awarded will be split between the surviving spouse and the victim’s children. If the victim is not married, divorced, or widowed, and does not have children, the surviving parents and siblings of the victim can bring a wrongful death suit and split the damage award.
Damages Awarded in a Wrongful Death Action
The damages awarded are divided between those that will go to the estate and those paid directly to the beneficiaries.
Damages that will go to the estate include: funeral and burial expenses; medical expenses, including expenses for emergency care prior to the victim’s death; and payments for destroyed or damaged property, such as the vehicle involved in the truck accident.
Damages paid directly to the beneficiaries include: pain and suffering experienced by the beneficiaries due to the loss of their relative; loss of the companionship and company of the victim; and lost wages or benefits that the victim would have earned had he or she survived.
Time Limits for Wrongful Death Suits
For most truck accidents, the victim’s family will have three years from the date of their relative’s death to file the action. If the victim was killed as a result of an intentional act, which would rarely be case in a truck accident scenario, the family will have one year from the date of the victim’s death to bring the action.
It is important that you act quickly after the accident to secure the assistance of an attorney who will protect your legal rights and see that justice is achieved.
Barrett Law PLLC: Assisting Your Family in the Aftermath of a Fatal Truck Accident
Truck accidents hold the potential to inflict devastating injuries and death. The loss of your loved one in a truck accident is one of the greatest tragedies imaginable. Family members left behind will often find themselves emotionally and financially distraught. The Mississippi Truck Accident Attorneys at Barrett Law PLLC can assist your family following the loss of your relative in a fatal truck accident. Our experienced attorneys will fight to see that your family is not left financially struggling due to the wrongful death of your loved one. Call the exceptional truck accident attorneys at Barrett Law PLLC today at 1 (800) 707-9577 to schedule your free consultation.