Gulfport Wrongful Death Attorney
With Compassion, Sensitivity & Professionalism
When you are grieving the loss of a loved one who passed away due to an accident, dealing with an insurance company is not something you’re going to want on your shoulders. Yet, if you want to seek compensation and justice in your loved one’s name, then you will need to pursue a wrongful death claim, which will involve at least one insurer and probably a team of defense attorneys. To advance your case without getting overwhelmed by the legal complications, come to ‘Maggio | Thompson, LLP.
Our team of Gulfport wrongful death lawyers brings a balanced approach to casework. While we are working professionally to pursue the most compensation possible, we will also work with you compassionately. Half of what we do is go head-to-head with insurers, the other half is making things easier and better for clients in need.
Wrongful Deaths Defined
When someone passes away in an accident, it is always tragic and heartbreaking, but it is not always a “wrongful death” under the definitions of Mississippi law. Using Mississippi Code Ann. § 11-7-13, wrongful death is a death caused specifically by a “real, wrongful, or negligent act or omission,” “unsafe machinery or appliances,” and/or a “breach of a warranty,” which more specifically applies to consumables like drugs and food products. Although this definition might seem highly specific, it can be applied broadly to say that a wrongful death occurs when someone’s negligent act – something another person reasonably would not have done in the same situation – results in another person’s death.
Are You Allowed to File a Wrongful Death Claim?
In Mississippi, parties who can file a wrongful death include:
- Personal representative of the deceased’s estate
- Parent or child
In most cases, surviving spouses are those who bring wrongful death claims because they are also the representatives of the deceased’s estate. A successful case in these circumstances will provide damages to the spouse and any surviving children. If there is no spouse or children who can make the claim, then a parent, brother, or sister will usually file it, and the damages will be split among them.
Damages Possible in a Wrongful Death Case
A wrongful death claim or lawsuit can help your family reach a sense of closure if it is successful, which is invaluable. However, it is also important to keep the financial goal of a wrongful death case in focus. You deserve and might need a strong financial recovery from your claim, and we intend on getting you as much as possible.
The damages in your wrongful death claim could include:
- Funeral and burial costs
- Medical costs related to the fatal injury or illness
- Pain and suffering damages based on the deceased’s experiences
- Companionship loss experienced by claimants
- Wages the deceased would have earned in life
- Property repair or replacement costs if any
Mississippi caps the non-economic damages that can be secured in a wrongful death claim to $1,000,000. The cap is lowered to $500,000 if the death was caused by some form of medical malpractice. We know how to navigate a claim and uncover damages and insurance policies to get as close to this non-economic damage cap as possible.
Don’t Wait Long to File a Wrongful Death Claim
Mississippi has a three-year statute of limitations on wrongful death claims, which begins on the day the deceased passes away. The statute of limitations is reduced to only one year if the death was caused by intentional wrongdoing, like murder. While grieving, time can pass by quickly without realizing it, so we encourage you to reach out to our firm as soon as possible after losing a loved one. Even if it will be a while before your claim can be filed, it will be beneficial to get the first steps started and an attorney involved early on.
Moral Support During Difficult Times
‘Maggio | Thompson, LLP would be honored to help you explore your legal options and take action after losing a loved one to a fatal accident caused by someone else’s negligence. We can be a supportive shoulder and the foundation for an effective claim or lawsuit. While we get to work, you can focus on yourself and your family, just as you should be able after such a harrowing event.