Meridian Wrongful Death Attorney

Dedicated Wrongful Death Lawyers Representing Clients in Meridian, MS

Understanding Wrongful Death Claims

Wrongful death claims arise when an individual’s death is caused by the negligence or wrongful act of another person or entity. These claims are designed to provide compensation to the deceased person’s survivors and estate, and they are the law’s attempt to acknowledge the profound loss and financial hardship caused by the untimely death. In order to be sure that you and your family obtain everything that the law entitles you and your family to receive, it is important to contact the Meridian wrongful death attorneys at The Hamilton Law Firm.

Mississippi Code Annotated 11-7-13

Mississippi Code Annotated § 11-7-13 governs wrongful death claims in Mississippi. Under this statute, certain family members and the estate of the deceased have the right to file a wrongful death lawsuit. The law specifies the hierarchy of beneficiaries who may recover damages and outlines the types of recoverable damages.

Who Can File a Wrongful Death Claim?

The statute delineates which family members are eligible to recover damages, with certain relatives having precedence over others. The primary beneficiaries include:

• Spouse and Children: The spouse and children of the deceased have the highest priority to recover damages, which can include any illegitimate children of the deceased. In certain instances where an adult child who would otherwise be a wrongful death beneficiary passes away, that adult child’s children (the grandchildren of the wrongful death deceased) may be eligible to stand in the place of the adult child.
• Parents and Siblings: If there is no surviving spouse or children, the deceased’s parents and siblings may recover damages. Siblings include both full-blooded siblings, as well as half-blooded siblings, and adoptive parents may also recover on behalf of am adopted child.
• Other Relatives: In the absence of the aforementioned relatives, other next of kin may be considered.

These beneficiaries have the right to recover to the exclusion of more distant relatives, ensuring that the closest family members are compensated first.

Damages Recoverable Due to a Wrongful Death

It is necessary to talk to an experienced wrongful death lawyer who knows the intricacies of the case law and statutes pertaining to Mississippi wrongful death cases. However, generally speaking, the following are types of damages that may be recovered in a wrongful death case:

• Medical Expenses: Costs of medical care prior to the deceased’s death.
• Funeral and Burial Expenses: Reasonable costs associated with the funeral and burial.
• Lost Wages and Benefits: Income that the deceased would have earned had they lived, including potential future earnings.
• Pain and Suffering: Compensation for the pain and suffering the deceased endured before death.
• Loss of Companionship and Society: Compensation to the relatives of the deceased for the loss of the deceased’s companionship, care, and affection.
• Loss of Consortium: For spouses of the deceased, compensation for the loss of marital benefits, including companionship, comfort, and spousal relations.
• Mental Anguish and Emotional Distress: Compensation for the emotional suffering and distress experienced by the individual wrongful death beneficiaries due to the wrongful death.
• Loss of Support and Services: Financial compensation for the loss of the deceased’s support and services, which includes both losses of wages and wage-earning capacity of the deceased, along with the monetary value of the household services that the deceased performed.

What Type of Damages May the Estate Recover Versus the Individual Wrongful Death Beneficiaries?

There is an overlap between many of the types of damages that an estate and the wrongful death beneficiaries can recover. If no estate is opened, the individual wrongful death beneficiaries are entitled to recover for their individual losses, along with certain categories of economic losses. If an estate is opened, then, generally speaking, all items of recovery flow through the estate. Any proposed settlement will have to go before a chancellor, or chancery court judge, to approve.

It may, or may not, be beneficial to open an estate in order to pursue a wrongful death claim, since doing so places these recoveries into the estate where they are subject to claims by creditors of the deceased. However, depending upon the circumstances, it may be necessary to open an estate in order to recover all items that are appropriate, since only certain types of damages can be recovered in the estate, such as the pain and suffering of the decedent between the time of his or her injury and death. The benefits of opening an estate versus refraining from opening an estate are unique to each particular case, and the wrongful death attorneys at The Hamilton Law Firm’s Meridian office are prepared to make sure that the situation that best suits you and your family is taken when pursuing a claim for the wrongful death of a loved one.

The categories of damages are in place to attempt to acknowledge the profound personal impact the wrongful death has on the survivors, and to help guide the court and jurors in offering financial relief for the family’s suffering and losses. While no amount of money can ease the pain and loss of a loved one, we at The Hamilton Law Firm are committed to obtaining the maximum recovery for those who have suffered such a devastating loss. And we are here to help you navigate the maze of laws related to estates and wrongful death claims with an eye towards helping each affected family member receive the largest recovery that they’re entitled to by law.

Contact our Experienced Meridian Wrongful Death Attorney Today

Wrongful death claims are complex and require a deep understanding of the relevant case law and statutes in order to ensure that the estate and those the deceased leaves behind are fully compensated for the losses that have been suffered. At The Hamilton Law Firm, we are committed to guiding you through this challenging process with compassion and expertise. Our goal is to ensure that you receive the fullest extent of the recovery that is available under the law, while also providing you with the support you need during this difficult time.

If you have lost a loved one due to the negligence or wrongful act of another, contact our Meridian wrongful death lawyers at The Hamilton Law Firm today. Our experienced attorneys are here to help you navigate your wrongful death claim and secure the justice your family deserves. Call us at 601-974-5900 to schedule a consultation.