Mississippi Wrongful Death Lawyers

Mississippi Wrongful Death Lawyers

Fighting for families when wrongdoers take the life of a loved one

When an accident or any act of negligence takes the life of your loved one, you have the right to hold the wrongdoers civilly liable. At Merkel & Cocke, P.A., we understand how traumatic losing a family member due to negligence can be. We respect the need to mourn for your loved one. Our Mississippi wrongful death lawyers have been fighting for personal injury victims and families since 1982. When a loved one dies, we can file claims against those responsible.

While no money can ever replace someone you love, a strong verdict or settlement holds the wrongdoer accountable and helps compensate the family for their financial and personal losses. These losses include the funeral and burial costs, the loss of financial support, and the love and comfort your loved one would have provided each family member.

How can we help?

  • What is a wrongful death claim under Mississippi law?
  • What types of wrongful death claims do you handle in Mississippi?
  • How do you show wrongdoers are liable in Mississippi?
  • Who can file a wrongful death claim in Mississippi?
  • How much is a wrongful death claim worth in Mississippi?
  • FAQs
  • Do you have a Mississippi wrongful death lawyer near me?

What is a wrongful death claim under Mississippi law?

A wrongful death claim is a civil claim that holds the people and/or businesses who cause the death of a family member accountable. Accountability means paying a specific amount of money to compensate the family member for their financial and personal damages.

Essentially, the eligible family members can file a wrongful death claim if the death was caused by any wrongful or negligent act, breach of duty, or unsafe condition. In many cases, the decedent could have filed a personal injury claim had they survived.

Difference between criminal homicide and civil wrongful death

There is no requirement that criminal charges be filed or that there be a criminal conviction to file a wrongful death claim.

If the police/prosecution do file criminal charges, then we coordinate your civil wrongful death case with the criminal case. Normally, this means that the criminal case will go first. We then work with the prosecutor to use the evidence they used in their criminal case in your civil case. In some cases, a felony conviction can be admitted to prove key facts in a civil case.

A common example of a wrongful death case is a car accident. There is no requirement that the police charge the driver with a criminal offense. However, if they do arrest the driver for a violation, such as drunk driving, then we can work to use the results of any breath tests in the civil wrongful death case. Depending on specific evidentiary rules, a DUI conviction may be admissible as strong evidence of the driver’s negligence in a civil case.

What types of wrongful death claims do you handle in Mississippi?

Our Mississippi wrongful death lawyers file wrongful death claims when a family member dies due to any of the following types of accidents or acts of negligence. (Miss. Code Ann. § 11-7-13).

How do you show wrongdoers are liable in Mississippi?

Our Mississippi wrongful death lawyers understand the unique challenges involved in holding those responsible for the death of your loved one liable. The core requirements of any negligence case, including wrongful death cases, are the following:

  • A duty of care. Our lawyers work to show that the responsible parties owed your loved one a duty of care. We often show that there is a duty of care based on Mississippi’s laws and any express or implied agreements the victim had with the responsible party. Common examples include the following:
    • Vehicle accidents. All drivers owe a duty of care to their passengers, the occupants of other cars, pedestrians, and bicycle riders to comply with the state traffic laws and to drive safely.
    • Property owners. Owners owe a duty to the people who legally use their property to conduct routine inspections and make reasonable repairs.
    • Physicians and other health professionals. These medical practitioners owe a duty to their patients to diagnose and treat them in accordance with acceptable medical standards.
    • Nursing homes. Long-term care facilities must ensure that their homes have the proper safeguards to protect their residents from physical abuse, emotional abuse, sexual abuse, and acts of negligence. They also have a duty to provide competent medical care.
    • Construction sites. Builders and contractors have a duty to comply with local construction laws and to properly warn drivers and others about what precautions they need to take near the construction work.
    • Businesses in Mississippi have a duty to ensure the safety of their workers.
    • Any person or business that makes and sells products generally has a duty to ensure that their products are safe for their intended use.
    • Hunters. Hunters should understand what precautions to take and what Mississippi hunting laws they must meet to ensure that anyone near the hunter is safe.
    • Farmers. Farmers should protect their workers and the public from vehicle accidents, equipment accidents, toxic exposures, livestock injuries, and other dangers.
    • Criminal acts. Every person in Mississippi has a duty to comply with the state’s criminal laws. Violators can be held criminally and civilly liable.
  • A breach of the duty of care. At Merkel & Cocke P.A., we work to show what caused the accident or act of negligence and why the death of your loved one was preventable. We show these breaches by:
    • Working with various liability experts. These experts include investigators, product safety experts, traffic reconstruction experts, building code officials, physicians in specific practice areas, nursing home experts, and other professionals.
    • Conducting discovery. We formally question everyone who has knowledge about how your loved one died and who should be held responsible. Discovery also includes reviewing evidence, such as phone records to show driver distraction, prior complaints to property owners, doctor/patient agreements, black boxes, electronic driving logs for truck drivers, and many other types of evidence.
  • We work to show that the breach of the duty of care is what caused the death of your loved one. Often, this involves obtaining reports from the local coroner’s office and from physicians who can explain why a car accident, medical malpractice, or other acts of negligence caused your loved one to die.

Who can file a wrongful death claim in Mississippi?

In Mississippi (Miss. Code Ann. § 11-7-13), the following relatives may file a wrongful death claim and receive damages, pursuant to statute:

  • The personal representative of the decedent’s estate – the executor or administrator
  • The surviving spouse
  • The surviving parents (including adoptive parents)
  • The decedent’s children
  • Any surviving brothers or sisters

How much is a wrongful death claim worth in Mississippi?

Our Mississippi wrongful death lawyers can seek compensation for the following damages:

  • The funeral and burial costs
  • Any outstanding medical bills
  • The cost of any damaged property, such as damage to your loved one’s car
  • The pain and suffering of your loved one
  • The value of the income and benefits your loved one would have earned if your loved one had survived
  • The loss of the companionship that your loved one would have provided

 

Mississippi does have caps on wrongful death noneconomic damages (generally, $1,000,000—unless it’s a medical malpractice case, in which case the cap is $500,000. Miss. Code Ann. § 11-1-60). There are no caps on economic damages.

FAQs

How long do I have to file a wrongful death claim in Mississippi?

Generally, you must file a negligence-based wrongful death claim within three years of the date of death. The deadline is within two years for medical malpractice claims. If the wrongful death claim is against a governmental entity, separate deadlines under the Mississippi Tort Claims Act may apply. Some intentional or special-circumstance claims may also be subject to shorter deadlines.

It’s best to contact us as soon as possible since the success of a wrongful death case depends on speaking to witnesses while their memories are fresh and examining evidence while it’s still available.

Can I file a wrongful death claim if I have already accepted a settlement from the insurance company?

If you make a settlement with the insurance company of anyone responsible for the wrongful death of your loved one, a settlement may bar further claims against the parties you released, but it does not automatically bar claims against other responsible parties unless the release says so. You should contact us before negotiating any settlement.

Do I have to go to court for a wrongful death case?

It’s not certain. Many wrongful death cases settle if liability is clear and the value of the case exceeds the policy limits.

If liability is contested, then you may have to appear in court. We can prepare you by reviewing what questions you’re likely to be asked and how to stay calm during the questioning.

Do you have a Mississippi wrongful death lawyer near me?

Yes. We have offices at the following locations:

  • Clarksdale Office. 30 Delta Avenue, Clarksdale, MS 38614
  • Jackson Office. 2630 Ridgewood Road, Suite D. Jackson, MS 39216
  • Greenville Office. 540 Main Street, ICON Building, Suite 302. Greenville, MS 38701
  • Oxford Office. 2084 Old Taylor Road, Suite 110. Oxford, MS 38655
  • Meridian Office. 2121 5th Street, Suite 205. Meridian, MS 39301

We also conduct consultations by phone and through online video.

Contact our accomplished wrongful death lawyers today

At Merkel & Cocke, P.A., we help families honor their loved ones by holding those responsible liable. We seek the maximum compensation possible to help families move forward. To schedule a free appointment, complete our contact form. We handle wrongful death cases on a contingency fee basis.