Ridgeland Wrongful Death Lawyer

Dedicated Wrongful Death Attorneys Representing Clients in Ridgeland, MS

Understanding Wrongful Death Claims

When a person’s life is tragically cut short due to the negligent or wrongful actions of another, wrongful death claims can be pursued. These claims are intended to provide financial compensation to the deceased’s surviving family members and estate. They also serve as the legal system’s recognition of the immense loss and financial burden that the family endures due to the untimely death. Getting the assistance of an experienced wrongful death lawyer from The Hamilton Law Firm can assure you that you obtain the maximum compensation under the law for you and your family.

Mississippi Code Annotated 11-7-13

In Mississippi, wrongful death claims are governed by Mississippi Code Annotated § 11-7-13. This statute outlines who is eligible to file such a claim, including specific family members and the estate of the deceased. It also details the order of beneficiaries who may receive damages and the types of compensation that can be awarded.

Who Can File a Wrongful Death Claim?

The statute specifies which family members are eligible to recover damages, giving priority to certain relatives. The primary beneficiaries include:

• Spouse and Children: The deceased’s spouse and children, including any illegitimate children, have the highest priority for recovering damages. In cases where an adult child who would have been a beneficiary passes away, their children (the deceased’s grandchildren) may be eligible to claim damages.
• Parents and Siblings: If the deceased has no surviving spouse or children, the parents and siblings may be entitled to recover damages. This includes full-blooded and half-blooded siblings, as well as adoptive parents.
• Other Relatives: If none of the above relatives survive, other next of kin may be considered for recovery.

These beneficiaries are prioritized to ensure that the closest family members receive compensation before more distant relatives.

Recoverable Damages in a Wrongful Death Claim

Consulting with an experienced wrongful death attorney is crucial to navigating the complexities of Mississippi wrongful death laws. Generally, the following types of damages can be pursued:

• Medical Expenses: Costs related to the deceased’s medical care before death.
• Funeral and Burial Costs: Reasonable expenses for the funeral and burial.
• Lost Wages and Benefits: The income the deceased would have earned, including potential future earnings.
• Loss of Companionship and Society: Compensation for the loss of the deceased’s companionship, care, and affection.
• Loss of Consortium: Compensation for spouses due to the loss of marital benefits, including companionship and support.
• Mental Anguish and Emotional Distress: Compensation for the emotional suffering of the wrongful death beneficiaries.
• Loss of Support and Services: Financial compensation for the loss of the deceased’s support and services, including lost wages and the value of household services provided by the deceased.

Estate vs. Individual Beneficiaries: Recoverable Damages

There is often an overlap in the types of damages that the estate and individual wrongful death beneficiaries can recover. If no estate is opened, individual beneficiaries may recover for their personal losses and some economic damages. However, if an estate is opened, most recoveries will be processed through the estate. A chancery court judge must approve any proposed settlement.

Whether to open an estate depends on the circumstances, as this may subject the recoveries to claims by the deceased’s creditors. However, opening an estate might be necessary to pursue all appropriate damages, such as the deceased’s pain and suffering before death. The benefits of taking one course of action versus the other can be very unique to the specific situation, and the Ridgeland wrongful death attorneys are prepared to make sure that you choose the right path.

The categories of damages are designed to recognize the significant impact of wrongful death on survivors and to guide the courts in providing financial relief. While no monetary compensation can replace the loss of a loved one, The Hamilton Law Firm is dedicated to securing the maximum recovery for those affected by such a devastating event. We are here to help you navigate the complexities of wrongful death and estate laws, ensuring that each affected family member receives the compensation they are entitled to under the law.

Contact an Experienced Ridgeland Wrongful Death Attorney

Wrongful death claims are intricate and require a thorough understanding of the applicable case law and statutes to ensure that the estate and the deceased’s loved ones are adequately compensated. We are committed to guiding you through this difficult process with both expertise and compassion. Our primary goal is to help you secure the full extent of the recovery available under the law while providing the support you need during this challenging time.

If you have lost a loved one due to the negligent or wrongful actions of another, contact the Ridgeland wrongful death attorneys at The Hamilton Law Firm today. Our experienced attorneys are here to assist you with your wrongful death claim and help your family obtain the justice it deserves. Call our office at 601-974-5900 to schedule an initial consultation.