There are few challenges in life more trying or heartbreaking than losing someone you love in a tragic accident. When you lose your child, a parent or someone else that you love, it is likely that you will be overcome with emotions including anxiety, frustration, sadness and even anger. Although it is never easy to learn that someone you love has died in a tragic accident, it is even harder to come to terms with the loss of someone you love when it is caused by the wrongful conduct of a third-party whether intentional, reckless or negligent. In the wake of a fatal tragic accident involving a loved one, few people have the emotional strength to face the aggravation of dealing with legal challenges or uncooperative insurance adjusters.
At Barrett Law, our experienced and compassionate team of Mississippi wrongful death attorneys represents the families of fatal accidents with compassion, competence and dedication to obtaining the best possible outcome for our clients. We know that no some of money will restore the love of a family member that has been lost or ease the pain associated with knowing you will never hold the person in your arms again. However, pragmatic real-world problems accompany the deep emotional challenges of losing a close family member. If a loved one who has been lost was the primary breadwinner in the family, you may be facing a mountain of household and medical bills with no realistic way to cover these mounting expenses. A wrongful death lawsuit can serve a number of functions for family members that have lost someone they love by providing closure, punishing the wrongdoer, discouraging such behavior in the future and providing a financial foundation to secure the future of your family.
If you lose a loved one in a tragic incident involving a third party, you may initiate a claim for wrongful death if you are spouse, parent or child. The extent of the misconduct by the person who causes the death of someone you love will determine the scope of recoverable damages. In incidents that are based on reckless or intentional misconduct, the court may even award punitive (exemplary) damages. This type of damage is designed to address conduct that is particularly offensive and objectionable both to punish the wrongdoer and to discourage future similar bad acts. An example of reckless conduct that might justify an award of punitive damages would be a driver who causes a fatal drunk driving collision. Any intentional act that causes a wrongful death will usually support punitive damages against the wrongdoer with an example being someone who commits a violent crime resulting in a fatality.
Our Mississippi wrongful death lawyers at Barrett Law have represented clients in a wide range of wrongful death lawsuits and have obtained substantial settlements and verdicts for our clients, which have allowed them to provide for their financial future following the death of a family breadwinner. Examples of the types of Mississippi wrongful death accidents that our personal injury law firm handles include the following:
- Fatal trucking accidents
- Head-on vehicle collisions
- Motorcycle accidents (particularly involving head injuries).
- SUV rollovers
- Bicyclists struck by motor vehicle drivers
- Run off the road accidents
- Fatal side effects from defective products
- Pedestrian vehicle collisions
- Construction site accidents
- Slip and fall accidents (trip and falls)
- Industrial accidents including explosions and fires
- Deaths from occupational illnesses (mesothelioma)
- Vehicle crashes involving buses
- 15 passenger vans involved in rollover accidents
- Falls from ladders and other elevations
Wrongful death lawsuits typically involve two separate but closely connected types of legal claims. One of these types of claims is the actual “wrongful death” claim. This claim is intended to compensate specific family members for the losses and injury they personally suffer as a result of the loss of someone they love. The compensation that may be available to an immediate family member based on this type of claim may include:
- Emotional pain and suffering associated with losing someone you love
- Diminished financial support from the family member who died
- A child’s loses of the guidance of a parent
- A spouse’s loss of companionship and services
While the wrongful death claim is intended to compensate surviving family members for their personal loss or injury, the other claim typically asserted in a wrongful death lawsuit is called a survival action. A survival action is brought on behalf of the estate of the person who has died to assert the right to damages that the person who was fatally injured would have been able to assert had they survived the accident. In other words, the person bringing this action steps into the shoes of the person who suffered wrongful death. The damages that may be awarded for a survival claim include the following:
- Any lost salary or income, including future lost earnings.
- Expenses associated with burial for funeral
- Hospital bills and other medical expenses.
- Compensation for pain and suffering from the time of injury to the time of death (this type of damages are not available if an accident causes immediate death)
The attorneys at our Mississippi wrongful death law firm understand that a wrongful death lawsuit is brought on behalf of a beloved family member that has had their life tragically cut short because of the unsafe or violent act of another. We also recognize that family members are typically overcome with grief when they lose someone they love, and the aggravation or frustration of poor communication and unreturned phone calls may only add to your anxiety and frustration. This is why we are committed to keeping our clients informed regarding the status of their wrongful death lawsuit during the entire process. At the Barrett Law Offices PLLC, our experienced Mississippi wrongful death lawyers represent wrongful death victims and their families throughout Mississippi. Our law firm has roots that reach back 75 years so contact us today for your free initial consultation at (662) 834-2376 to see how we can help.