wrongful death mississippi

Greenville Wrongful Death Lawyers

Our lawyers are here for you after you lose a loved one due to negligence in Mississippi

Losing a loved one is devastating. And, when that loss happens because of someone else’s careless or reckless behavior, it can feel unfair and even infuriating. At Merkel & Cocke, P.A., we know how difficult this time can be. Our Greenville wrongful death lawyers are here to offer compassionate support and strong legal representation to families who have suffered the unthinkable. We want you to know that you don’t have to face this alone. We’ve spent decades representing families across the state of Mississippi. Now, let us put our experience to work for you.

How can we help?

What is wrongful death?

Wrongful death happens when a person dies because of another person’s or entity’s negligence, recklessness, or intentional conduct. In simpler terms, if someone else’s failure to act responsibly or their deliberate wrongdoing causes your loved one’s death, you may be able to file a wrongful death claim against the responsible party.

Wrongful death is a type of civil, not criminal, case. While the criminal court can punish a defendant for dangerous or violent actions, wrongful death lawsuits focus on compensating the surviving family members for their losses. These losses can include both economic damages (like medical and funeral expenses) and non-economic damages (like loss of companionship and emotional suffering).

Here in Mississippi, wrongful death scenarios can include:

  • Car and truck accidents
  • Medical malpractice
  • Workplace accidents
  • Defective products
  • Premises liability

If your family member’s death was preventable and caused by someone else’s actions (or lack of action), you may have a valid wrongful death claim.

What are some common causes of wrongful death in Greenville?

Sitting along the Mississippi River, Greenville is a vibrant community with a rich history, but tragic accidents still happen. Over the years, we have seen various wrongful death scenarios here in Washington County. Some of the most common causes include:

  • Car and truck accidents, caused by things like drunk driving or distracted driving. If your loved one died in a traffic accident caused by a negligent driver, you may have a wrongful death claim. Our Greenville lawyers work with accident reconstruction experts to uncover fault and hold reckless drivers accountable.
  • Washington County Hospital and other medical facilities serve residents of Greenville. When healthcare providers fail to follow accepted standards of care, patients can suffer fatal injuries from misdiagnoses, surgical errors, medication mistakes, or delayed treatments. Medical malpractice claims are often complex. They require careful review of medical records, expert testimony, and a solid understanding of medical procedures.
  • Greenville’s economy includes industries like manufacturing, agriculture, and manufacturing support services. Jobs in warehouses, manufacturing plants, and farms can be hazardous. OSHA regulations require employers to maintain a safe working environment. When employers ignore these rules, employees can suffer fatal falls, machinery accidents, or exposure to toxic chemicals. If your loved one died on the job due to employer negligence, you might have both a workers’ compensation claim and a wrongful death lawsuit against third parties.
  • Greenville consumers use a wide range of products, from farm equipment to household appliances. If a product malfunctions because of a design flaw, manufacturing error, or inadequate safety warnings, fatal accidents can happen. Defective product claims often involve large corporations and can be challenging. You must prove that the product was unreasonably dangerous and that the defect directly caused your loved one’s death. Our team investigates alongside expert engineers and product safety specialists.

Who can file a Greenville wrongful death claim?

Mississippi law limits who can bring a wrongful death claim. If you try to file and you do not meet the legal requirements, the court will have to dismiss your case. Parties who may file for wrongful death include:

  • The surviving spouse of the deceased.
  • Biological and adopted children (regardless of age).
  • If the deceased was unmarried and had no children, the parents can file.
  • Siblings are able to file in some situations.
  • The executor or administrator can bring the claim on behalf of the estate.

In most cases, the spouse and children will be the primary parties. If the deceased was married with children, parents cannot independently file a wrongful death action. Only the spouse and children have that right.

How do you prove a Greenville wrongful death case?

A wrongful death lawsuit is similar to a personal injury lawsuit, except that it seeks damages for the death of a person instead of the injuries they suffered. To win a wrongful death case in Mississippi, our lawyers must demonstrate:

  • The defendant owed a duty to the deceased to act reasonably. For example, drivers must obey traffic laws, and employers must maintain a safe workplace.
  • The defendant failed to meet that duty. Examples include a speeding driver, a doctor misdiagnosing a condition, or a manufacturer selling a dangerous product.
  • This breach of duty directly caused your loved one’s death. We must show that but for the defendant’s actions (or inaction), your loved one would still be alive.
  • Surviving family members suffered losses because of the death. These include both economic and non-economic damages.

Building a strong wrongful death case requires careful investigation:

  • In car crashes or premises liability cases, accident reports and police records can contain key facts.
  • In medical malpractice claims, we work with doctors and nurses who can explain how the standard of care was violated.
  • Eyewitness statements can confirm what happened leading up to the death.
  • Photographs and video footage from the scene, surveillance cameras, or dash cams can provide valuable proof about what occurred.
  • Accident reconstruction specialists, medical experts, and economists may all testify about the cause of the accident and the damages you have experienced.

Our Greenville wrongful death lawyers handle these details so you can focus on your family. We collaborate with trusted experts to make sure every piece of evidence is preserved and presented clearly.

How much is my Greenville wrongful death claim worth?

We understand that no amount of money can replace a life. However, a successful wrongful death lawsuit can ease your financial issues and recognize the emotional pain your family is suffering. In Mississippi, family members may recover both economic and non-economic damages.

Economic damages cover losses that have a clear dollar value. These can include medical expenses, funeral and burial costs, lost income and benefits, loss of inheritance, and loss of services. Non-economic damages don’t have a fixed dollar value but address the emotional and personal toll of your loved one’s death. This compensation can include loss of companionship and consortium, pain and suffering, and mental anguish suffered by surviving family members.

Punitive damages are not awarded in every case. They exist to punish defendants whose conduct was especially malicious, willful, or grossly negligent beyond ordinary negligence. The judge or jury must decide that the defendant’s actions were so egregious that extra punishment is warranted. If you believe punitive damages may apply (for example, in a drunk driving fatality where the driver had multiple DUIs), our Greenville wrongful death attorneys can help demonstrate why punishment beyond mere compensation is justified.

Why do I need a Greenville wrongful death lawyer?

Wrongful death claims can be emotionally charged and legally complicated. Insurance companies know that your family is hurting and may offer a low settlement or deny liability altogether. That’s why having an experienced Greenville wrongful death lawyer on your side is so important. Here’s how the team at Merkel & Cocke, P.A. can help:

  • We offer a no-cost consultation to discuss the details of your case and explain your rights.
  • Our team gathers evidence like medical records, accident reports, witness statements, and expert opinions, to demonstrate exactly what happened.
  • We work with accident reconstructionists, medical experts, and other specialists to connect the responsible party’s actions to your loved one’s death.
  • Determining fair compensation involves more than just medical and funeral bills. We also consider lost income, future earning capacity, loss of companionship, and emotional suffering.
  • Insurance companies often try to minimize payouts. We handle all communications and negotiations, fighting to secure the maximum settlement possible.
  • If negotiations fail, our Greenville wrongful death lawyers are ready to take your case to trial. We have a proven track record in the courtroom and won’t hesitate to fight for you in front of a judge and jury.
  • We understand that you’re grieving. We answer your questions, explain each step, and guide you through the legal process with respect and compassion.

Our firm has secured millions of dollars in settlements and verdicts for Mississippi families. You deserve an attorney who will work tirelessly to get justice for your loved one.

How does the wrongful death legal process work?

We know that you might feel uncertain about what’s going to happen. While every case is unique, the wrongful death process in Mississippi typically goes like this.

  • You meet with one of our Greenville wrongful death attorneys for a free and confidential consultation. You share the details of your loved one’s death, and we can explain how the law applies to your case.
  • We request all relevant records (like medical documents, police reports, OSHA logs, etc.) and interview witnesses. If needed, we hire experts and visit the scene of the accident, organizing all evidence to build a strong case on your behalf.
  • We prepare and file the wrongful death complaint in the appropriate court. Once the defendant is served, they only have a certain amount of time to respond.
  • In the discovery phase, both sides exchange information through depositions, interrogatories (written questions), and requests for documents. We carefully review the defendant’s answers and challenge any attempts to hide or distort the facts.
  • Before trial, there’s usually a push to settle. We vigorously negotiate to secure a fair settlement. If the insurance company or defendant offers a reasonable amount, we may discuss whether the settlement meets your needs. If there is no fair offer, we prepare for trial.
  • At trial, we present strong evidence, call expert witnesses, and make arguments to the judge or jury. The defendant’s lawyer will also present their defense.
  • If the jury or judge awards damages, we collect the judgment. If the defendant appeals, we handle the appellate process.

While the legal process can take a year or longer, our Greenville wrongful death attorneys remain by your side. Our goal is to resolve your case efficiently while making sure you get the full compensation you deserve.

How should I prepare for my free consultation?

We want to make your consultation as helpful as possible when you first come to our Greenville office. Here are some tips:

  • Bring any relevant documents you might have, such as medical records, the death certificate, police reports, or insurance correspondence.
  • Make a list of questions you want to ask about the legal process, timelines, fees, or anything else on your mind.
  • If you feel more comfortable having a spouse or another family member present, they are welcome to come with you.
  • Be honest and open. Tell us everything you know, even if it seems minor. Details that might initially seem unimportant might later help your case.
  • Write down your attorney’s advice and next steps so you can refer to them later.

During this meeting, we can evaluate your case, explain possible outcomes, and let you know how we plan to move forward if you choose to work with us.

Why choose Merkel & Cocke, P.A. for my Greenville wrongful death case?

After losing a loved one, choosing the right wrongful death lawyer is one of the most important decisions you’ll make. Here’s why Greenville families trust us:

  • Since 1982, we’ve handled thousands of personal injury and wrongful death cases throughout the state.
  • We’ve recovered millions in settlements and jury verdicts for grieving families, making sure they receive the financial support they need during this challenging time.
  • As a Mississippi-based law firm, we understand state laws, local courts, and regional issues that affect Greenville families.
  • Our attorneys, paralegals, and support staff are committed to providing personalized service. You’ll work directly with lawyers who genuinely care about your case.
  • There are no fees unless we win. Our contingency fee arrangement means you can pursue justice without worrying about upfront costs.
  • We treat every client like family with our compassionate approach. We listen, we explain, and we stand by you throughout the entire legal process.

When you meet with our Greenville wrongful death lawyers, you won’t be just another case file. We understand that you’re a grieving family member who deserves genuine empathy and unwavering legal representation.

Do you have a Greenville wrongful death lawyer near me?

Yes. Our Greenville office is located at 540 Main Street, ICON Building, Suite 302. Our attorneys consult with clients by phone and through online conversation platforms like Zoom and FaceTime. If you are unable to come to our office, we can arrange to see you at your home or a healthcare facility.

Contact our caring and compassionate Greenville wrongful death lawyers today

At Merkel & Cocke, we understand that no legal victory can truly make up for the loss of a loved one. But holding negligent parties accountable can bring a measure of justice and financial relief, so you can focus on your family’s future instead of mounting bills. If you have lost someone in a tragic accident, whether a car crash, medical error, workplace incident, or any other preventable event, our Greenville wrongful death attorneys are here to listen, guide, and fight for you. We offer free consultations and work on a contingency fee basis, which means you owe us nothing unless we win your case. Please call us today or complete our contact form to schedule your free consultation.