When an individual is killed in a truck or automobile accident due to the careless, reckless, or negligent actions of another, it is considered a wrongful death in Mississippi. While the loss of a loved one is always difficult, knowing your loved one perished needlessly in a truck or car accident is particularly devastating. The family members of the car or truck accident victim are often left entirely unprepared for the loss of their relative. Far too often, the death brings with it significant financial implications along with much pain and suffering.
In the state of Mississippi, the family members of accident victims can receive compensation from the negligent car or truck driver that caused their relative’s death. Compensation is pursued through a wrongful death action, and wrongful death suits offer a means of securing financial assistance for the victim’s family.
The following is a look at some questions commonly posed by family members who have lost their loved one in a car or truck accident:
- Can I bring a wrongful death suit?
In Mississippi, the following parties are able to bring a wrongful death claim:
- The surviving spouse of the victim
- The child or children of the victim
- The surviving parent of the victim
- The personal representative of the deceased person’s estate
- Siblings of the deceased individual
When a surviving spouse of the car or truck accident victim brings a wrongful death suit to court, the damages will be split equally between the surviving spouse and the children. If there is no surviving spouse or children, surviving parents or siblings of the victim may bring the claim and split any damages awarded.
- What damages can I receive in a wrongful death suit?
Damages stemming from a wrongful death claim in Mississippi will be paid either directly to the beneficiaries or to the estate, depending upon the category of loss.
Damages paid to the estate include:
- Funeral and burial expenses
- Medical expenses, including emergency care, incurred prior to death
- Payments for any destroyed or damaged property
Damages paid to the beneficiaries include:
- Pain and suffering incurred as a result of the loss of the relative
- Loss of companionship and society of the victim
- Lost wages and benefits that the deceased would have earned if he or she had lied
- When do I need to file a wrongful death action?
In most wrongful death actions, the victim’s family will have three years from the date of the death to file the suit. If the victim was killed as a result of an intentional act, the time line is one year from the date of death.
Barrett Law PLLC: Assisting Your Family in a Wrongful Death Suit Following the Tragic Loss of a Loved One
Facing the loss of a loved one due to a negligent driver is devastating and often leaves family members in a state of shock and dismay. The Mississippi Wrongful Death Attorneys at Barrett Law PLLC understand the tremendous pain experienced by loved ones following a fatal car or truck accident. When you contact our office, we will assist you through the intricate and complex process of pursuing wrongful death benefits. Our aggressive, dedicated, and highly skilled attorneys will fight for your family’s recovery, as we have done for others like you for over 75 years. While we cannot heal the pain of your loss, we can provide you with justice and ease the financial burden. Call Barrett Law PLLC today at 1 (601) 790-1505 to schedule your free consultation with one of our experienced wrongful death attorneys.
