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Fatal Drowning of 5-Year-Old Girls Grim Reminder of Swimming Pool Dangers

With the temperature rising as summer is upon us, kids are instinctively drawn to swimming pools.  While a swimming pool can be the source of endless hours of fun and recreation, it can also be an extremely dangerous place where children may suffer catastrophic injuries and wrongful death.  If your child is going to be at a home with a swimming pool, it is essential to understand who will be supervising your child and to ensure that your child is a proficient swimmer.  Parents should also confirm that any pool at a home that their child will be visiting is properly secured with a fence, locked gate, cover and/or similar protective measures.

A recent tragedy in Georgia serves as a grim reminder of the pool related dangers to children when there is inadequate supervision of children in the vicinity of a swimming pool.  Two five-year-old girls drowned while the grandparent of one of the girls who was the nanny of the other was preoccupied on a 45 minute phone call.  The nanny is now facing criminal charges and will likely be the subject of a wrongful death lawsuit brought by the parents of the girl that the nanny was supposed to be watching.

While this is a terrible tragedy, it is not rare when kids are left in the vicinity of swimming pools without close adult supervision.  The Centers for Disease Control (CDC) reports that drowning is the leading cause of fatalities involving children ages 1-4.  CDC data also reveals that younger children are most prone to suffering wrongful death caused by drowning in a swimming pool.  Because children spend more time in pools during the summer, approximately fifty percent of drowning incidents involving kids occur from June through the end of August.

The importance of vigilance regarding the location of small children around swimming pools can hardly be overstated.  Drowning data reveals that ninety percent of children that survive near drowning incidents are discovered within the first two minutes after falling into the pool.  There are many hazards that pose the risk of catastrophic injury or wrongful death including:

  • Falling in a pool and drowning
  • Drain entrapment accidents
  • Head injuries suffered when slipping on wet pavement
  • Diving board accidents
  • Accidents involving defective or missing lifesaving equipment

If your child is injured in a Mississippi swimming pool accident, our experienced Mississippi swimming pool accident attorneys provide effective legal representation to drowning victims and their families.  At Barrett Law, our experienced Mississippi personal injury lawyers represent injury victims 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.

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Medical Errors Are a Common Cause of Wrongful Death

Although most patients believe medical malpractice is a relatively rare event, it is a leading cause of wrongful death. It has been estimated that medical malpractice claims the lives of a quarter of a million people per year.  When you lose a loved one to wrongful death caused by medical malpractice, you must cope with your grief while also feeling the financial pressure from medical, funeral and burial costs combined with the potential of lost household income.  A family that is dealing with the emotional and financial challenges of the loss of a family breadwinner may find the prospect of dealing with the legal obstacles associated with a medical malpractice wrongful death case overwhelming.

The experienced Mississippi medical malpractice lawyers at Barrett Law understand the unique challenges associated with a wrongful death lawsuit that arises out of medical malpractice committed by a doctor, surgeon, nurse, anesthesiologist or other health care professional.  Our experienced team of Mississippi wrongful death medical malpractice attorneys works with nationally regarded medical experts and investigators to build persuasive and effective medical malpractice wrongful death cases.  These medical experts along with effective litigation technology allow us to construct and present compelling cases to establish substandard medical care by a doctor or other health care professional and a causal link between the negligent care and your injuries.

Some of the most common forms of medical negligence that may result in a wrongful death include the following:

  • Birth injuries
  • Surgical errors
  • Errors involving medications
  • Failure to diagnose life-threatening conditions
  • Mistakes in emergency rooms
  • Failure to properly prevent or treat infection
  • Anesthesia errors

When your loved one seeks the care of medical professionals, you normally expect that they will receive competent medical care based on established standards of medical professionalism.  When a loved one receives substandard medical care that actually results in the death of a loved one, the emotional toll can be devastating.  While we handle malpractice associated with many types of medical procedures and medical conditions, some of the common types of malpractice claims we handle include:

  • Gastric bypass malpractice
  • Orthopedic malpractice
  • Neurosurgical malpractice
  • Aortic aneurysm malpractice
  • Nursing home malpractice
  • Emergency room malpractice
  • Prescription drug malpractice
  • Kaiser medical malpractice
  • Deep vein thrombosis malpractice
  • Treatment or diagnosis of cancer malpractice
  • Cardiac or heart attack malpractice

These are merely a few types of medical malpractice cases that our experienced Mississippi medical malpractice lawyers handle for patients who suffer wrongful death caused by medical negligence. A Mississippi medical malpractice wrongful death lawsuit is comprised of two separate claims: (1) a survival action brought on behalf of the decedent’s estate and (2) a wrongful death claim for your damages suffered as a relative of the decedent.   If your loved one has died as a result of medical malpractice, we may be able to help you seek a wide range of damages.

Damages for Medical Malpractice Wrongful Death Claim

  • Financial support lost
  • Loss of intimate sexual relationship
  • Loss of training and guidance
  • Funeral and burial expenses
  • Reasonable value of lost household services
  • Loss of companionship, comfort, care and moral support

Damages for Medical Malpractice Survival Action Claim

  • Medical expenses
  • Lost earnings
  • Punitive damages (e.g. doctor botches operation while intoxicated)

Our experienced and compassionate team of Mississippi medical malpractice wrongful death attorneys carefully analyze  medical records, locate appropriate medical experts and deal effectively with the lawyers and medical malpractice carriers that represent medical professionals including doctors and hospitals.  Our experienced Mississippi medical malpractice attorneys have spent many years developing a network of medical experts that we can use to verify standards of treatment and confirm the causal connection between a medical error and a wrongful death.   At Barrett Law, our experienced Mississippi personal injury lawyers represent injury victims 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.

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Understanding Mississippi Wrongful Death Actions

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.

 

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Complying with Timing Requirements in Mississippi Wrongful Death Claims

When you lose a loved one because of the careless conduct or criminal act of a third party, the emotional hardships can be enormous.  The notion of worrying about practical concerns like financial challenges, legal actions, and insurance hassles when coping with overwhelming grief can be extremely difficult.  However, there are critical time limits that apply to wrongful death actions, which make it important to take prompt action to avoid violating these critical deadlines.

The statute of limitations is the formal deadline by which a lawsuit must be initiated to preserve your legal rights to bring a legal action including a wrongful death claim.  The importance of the statute of limitations cannot be overstated because failure to comply with this timing requirement will typically result in a permanent bar to bringing a wrongful death claim.  There are generally no exceptions to the statute of limitations so even where failure to comply with the time limit results in devastating results the court cannot override this critical timing requirement.  If you have a loved one taken from you prematurely by the wrongful conduct of another, it is essential to obtain legal advice at the earliest opportunity.

An example may illustrate how an experienced Mississippi wrongful death attorney may help you avoid having a wrongful death claim permanently barred.  If a loved one is killed in a car accident on the roads of Mississippi, you must initiate a wrongful death action within three (3) years of the date of death.  While this may seem like a long time, the reality is that the time can pass quickly.  Sometimes a party that is not represented by counsel may be negotiating with an insurance company and not realize that the statue is approaching.  The insurance company is certainly not going to alert you and may drag out negotiations until it is too late to file a lawsuit.

The severe consequences of failing to file prior to the statute of limitations running also means that law firms may be hesitant to get involved in a wrongful death claim if the statute of limitations is close because of the potential liability.  Many times the law firm needs to conduct an investigation into the merits of a wrongful death claim so the firm must have sufficient time to determine whether they wish to take the case.

The determination of the date by which the case must be filed also can be complicated without legal advice.  A wrongful death claim that is based on an intentional tort in Mississippi has only a one year statute of limitations.  An intentional tort essentially refers to injuries caused by intentional rather than accidental conduct, such as sexual assaults, physical assaults and similar types of claims.  Medical malpractice claims generally must be filed within two years of the act or omission that gave rise to the claim or within two years of when the injury is or should have been discovered.

While these time limits may sound straightforward, there are a number of complications that may be involved in determining when the statute of limitations runs (i.e. expires).  Sometimes the period may be “tolled” or suspended and calculating when the period starts is sometimes tricky.  The harsh consequences of failing to comply with the statute of limitations means that you must be extremely vigilant about seeking legal advice promptly.  It must also be noted that other shorter time limits may apply if you are bringing a claim against a governmental entity.

If your loved one dies because of the wrongful act of another, the experienced Mississippi wrongful death attorneys at Barrett Law are committed to helping families recover the compensation that they need and holding those whose conduct harms others accountable.  At Barrett Law, our experienced Mississippi personal injury lawyers represent wrongful death victims 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.

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