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What is a Wrongful Death Lawsuit.
Death. The death of your family member. For this you have all my sympathy and my offer of support for you and your others.
The death in your family can often answer you for wrongful treatment and support of the family. A family member may pass away but families need to decide the mortality demands an answer and a reaction by those who are still alive. Your sides and the others leading to deathlinesss.When a person dies or is killed by the negligence or misconduct of another, the surviving members of the victim's family may sue for "wrongful death."
Here at the beginning to decide what to do after this loss whether it is violent death like a car accident death, any other accident or something that brought your loved one to death in a hospital, the first duty is to decide if there is anything to do in the law. Let me tell you as the person hurting, that is what I would do. You ask the question, then we decide what is going on then what the family wants to do. Again, you don't tell me the answer. You bring the question to me. There is no charge to find the answer. Then we can decide what to do.
These types of lawsuits seek compensation for the survivors' loss, pain at the last, lost wages or other sources from the deceased, lost companionship, and funeral expenses. In Mississippi wrongful death covers many things depending on the death. A wrongful death claim exists when a person dies due to the legal fault of another person.
The worst injury one can suffer as a result of someone else's wrongdoing is of course death. Those left behind by victims of a wrongful death may seek compensation for their suffering.
Any fatality caused by the wrongful acts of another may result in a wrongful death claim. Many wrongful death claims are based upon death resulting from negligence, for example following a motor vehicle accident caused by another driver, a dangerous roadway or defective vehicle, or medical malpractice. Dangerous roadway claims result from deaths caused in whole or in part by the condition of the roadway.
If there is anyway I can help, call or text me with questions and how to help you. Office 662-328-9365, text for all days 662-270-5830 or email at lawyerharmon@gmail.com. Read on for more information if you want to see what we have here for you.
The lawfulness of the death becomes detailed work on what we can see to prove your case. In the car or truck cases, we have to figure our where all the explanations can be found. The lawyer like me - or others - are the ones who have been trained years ago and have lived in that time for as part of our work and learning. For those who had their family member who was killed or simply died by other's mistakes is where we live to prepare and work for others. The cases sometimes start as significant injuries but the poor person dies after being hurt.
The death by cars and trucks are very common but this is not all about cases. Whether the cause is car crashing or a large machine falling on someone, the law is the same. If death is the result of any cause by wrong the job is proof of find and prove if there is law to cover this. ( See, the lists below) But, for the wrongful, painful even evil issues I will go forward for you.
I pay this work as I prepare your case. As your attorney, that's what I do for the family who need help, I move forward before I sue in an effort for a quiet fair settlement. But if needed, trial is where I will go against those at fault against yours. This is the lawyer in me. Call and I will help.
The Alabama Law on Death Case
The wrongful death laws in Alabama and Mississippi are very different. Actually, Alabama is different from almost 49 other states on this. Let me get to that basic difference now on Alabama then Mississippi law to follow.
The first thing you need to know is the time to start the case. You absolutely must file this case within two years of the death. If two years passes without filing, the case is over. The case can continue after two years if filed but no action allowed if two years passes before filing.
"A personal representative may commence an action and recover such damages as the jury may access in court..." Section 6-5-410(A) The first thing this means that anyone who is part of the family or properly represents them can file this case for all. You don't get any more or any less what you are entitled to about filing this. Generally, one person leads for all. If there is more than one person to lead, the families need to decide on this.
In some instances, cases were brought while the now deceased was still alive. The death is terrible for the family personally but the case also has a loss that must be repaired. This case may be brought back to life in the case for wrongful death and the case is for the family that is now living. The case is then for wrongful death and not the original case for the person who passed away. "The damages recovered are not subject to the payments of debts and the liabilities of testator or interstate, but must be distributed according to the statute of distribution." Section 6-5-410(C) This means the money due here does not go to someone else. The money goes to the family here. Period.
This is the very bare, basic information to start off with.
If there is any way I can help, call or text me with questions about how I can help you. 205-342-3622 or email: lawyerharmon@gmail.com.
If the charges started across the board in Alabama your also need to know this.
Wrongful Death Law for Mississippi Basically Explained
I'm sorry to tell you Mississippi has one of the most confused laws for wrongful death you will see. That is law 11-7-13. This is the explanation of a law that will help you in wrongful death law cases but we must work on how the law does that.
The law goes into deep listing of all the wrongful death cases and these areas also apply if the injury harms but let life continue. Here's the list:
- Person injured or damaged
- Unsafe machinery
- Breach of any warranty express or implied of 1) foods, 2)drugs, 3) medicines, 4) beverages, 5) tobacco, 6) human consumptions
- Personal injuries of servants and employee or employer that result in death
- Death action may assert or maintain and a claim for breach of expressed warranty or implied warranty
- Strict liability in tort or for any cause of action known to the law for any person, corporation legal representative or entity would be liable if death had not ensued
That's the law as stated. The answer is that anything that kills by any kind of mistake is a case.
The death case must be brought I in three years under these laws some issues two. There is even some odd times six month controls for older concealed issues. Call me about the times to make sure where you are.
These are all case that can be brought to trials with proof. But roughly 98-99% of these cases will settle rather than tried but you have to prepare for the trial the whole way. If neither side can agree to the settlement, then the trial comes.
We all know these are confusing law. So, if you have any questions, just call. I don't charge to answer. If there is a possible case, I don't even charge to check that out to decide about moving on.
Dennis Harmon, Attorney
Columbus, MS, Tuscaloosa, Carrollton AL
Wrongful Death Attorney, Dennis Harmon
Columbus Office:
514 Lincoln Rd, Columbus, MS 39705
Phone: (662) 328-9365.
Disclaimer: "No representation is made that the quality of legal service to be performed is greater than the legal services provided by other lawyers." and "Free background information available upon request."