wrongful death mississippi

Oxford Wrongful Death Lawyers

Compassionate legal support for families after a tragic loss in Mississippi

Losing a loved one is never an easy experience. And, when that loss is caused by someone else’s negligence, the pain can be overwhelming, and the sense of injustice even deeper. At Merkel & Cocke, P.A., we help families in Oxford and throughout Mississippi hold wrongdoers accountable through wrongful death claims. We understand what you’re going through, and we’re here to offer both legal support and compassion. Our firm has been representing Mississippi families since 1982, and we’ve seen how wrongful death lawsuits can not only bring justice, but help families recover emotionally and financially.

How can we help?

What is a wrongful death?

A wrongful death occurs when a person dies because of someone else's careless, reckless, or intentional actions. It’s different from a criminal case. Wrongful death is a civil case, which means it focuses on financial compensation rather than criminal punishment. Common causes of wrongful death in Oxford and across Mississippi include:

  • Car and truck accidents
  • Medical malpractice
  • Workplace injuries
  • Defective or dangerous products
  • Premises liability incidents (like falls or drownings)
  • Violent crimes or assaults

If your family member died because someone else failed to act responsibly, you may have a wrongful death claim. We know that the legal system cannot bring your loved one back, but it can help you get justice and compensation for your losses.

What are some common causes of wrongful death in Oxford?

Oxford is a growing city, home to the University of Mississippi and a thriving community. However, tragic accidents still happen. At Merkel & Cocke, P.A., we’ve seen a wide range of wrongful death cases across Lafayette County and the surrounding areas.

  • Hundreds of people die in motor vehicle crashes each year across the state. Some of the most serious crashes include drunk or drugged drivers, distracted driving, speeding or reckless driving, and commercial trucks and 18-wheelers. Whether your loved one was a driver, passenger, pedestrian, or cyclist, we can fight to hold the at-fault party accountable.
  • Doctors and hospitals in Oxford, including those at Baptist Memorial Hospital, must follow the standard of care. If they fail to diagnose a condition, make surgical errors, or ignore patient symptoms, the results can be fatal. These cases require a skilled legal team and medical experts to uncover the truth about what happened.
  • Construction, farming, and factory jobs can be dangerous. If an employer fails to provide proper safety training or equipment, or if a third party causes a fatal accident, the family may have a wrongful death case in addition to a workers’ compensation
  • Business and property owners in Oxford have a duty to keep their premises safe. If a loved one died because of a fall, drowning, electrocution, or a structural collapse, the property owner could be held responsible.

What are Mississippi’s wrongful death laws?

Per Mississippi law, a wrongful death claim can be filed if a person dies due to the “wrongful or negligent act or omission” of another person or business. The following people can file a wrongful death lawsuit:

  • The surviving spouse
  • The children of the deceased
  • The parents (if there is no spouse and children)
  • The siblings, in certain cases
  • The personal representative (executor or administrator) of the estate

These individuals can file the claim individually or together. Any financial recovery from the case is distributed among the heirs, even if only one person files the lawsuit.

It’s important to act quickly. In most Oxford wrongful death cases, you have three years from the date of death to file a lawsuit. However, if the case involves medical malpractice or a government agency, the deadline may be shorter. Talking to an Oxford wrongful death lawyer as soon as possible ensures your rights are protected and that you don’t miss the filing deadline.

How do you prove an Oxford wrongful death case?

To win a wrongful death case, our lawyers must prove four main elements.

  1. The defendant had a responsibility to act with a duty of care. For example, drivers must follow traffic laws, and doctors must provide proper medical care.
  2. The defendant failed to meet that responsibility. This could be by speeding, misdiagnosing a condition, or failing to repair a safety hazard.
  3. This breach of duty directly caused your loved one’s death,
  4. Your family suffered financial and emotional losses because of the death.

At Merkel & Cocke, we work with medical experts, accident investigators, and economists to build strong cases. We take care of the legal details so you can focus on healing.

What is the value of my Oxford wrongful death claim?

We understand that no amount of money can replace your loved one. However, pursuing a wrongful death claim can relieve financial stress and bring you a sense of justice. In Mississippi, families can recover both economic and non-economic damages

Economic damages include medical bills from the final injury or illness, funeral and burial expenses, lost income and benefits the deceased would have provided, and loss of inheritance. Non-economic damages are emotional and personal losses, like loss of companionship, love, and guidance, the emotional distress of the surviving family members, and the pain and suffering experienced by the deceased before death.

In rare cases, if the death was caused by intentional or grossly negligent behavior, the court might award punitive damages. These are meant to punish the wrongdoer and send a message to others that this type of behavior will not be tolerated.

How can Merkel & Cocke, P.A. help with my Oxford wrongful death case?

We know that this is one of the most painful times in your life. At Merkel & Cocke, P.A., our job is to take the legal burdens off your shoulders so that you can focus on your family. Here’s what we can do for you.

  • We can meet with you in a free consultation to understand your situation and explain your rights.
  • Our team launches a thorough investigation, gathering evidence, reviewing medical records, interviewing witnesses, and working with experts to build a strong case on your behalf.
  • We handle all the paperwork and communicate with the insurance companies and other parties.
  • If a fair settlement can’t be reached, we’re always ready to go to court and fight for your family in front of a judge and jury.

And, we don’t charge any fees unless we win your case. We’re committed to treating every client with respect and compassion, and we fight hard to get results that truly matter.

What can I expect when filing an Oxford wrongful death claim?

Many families may feel overwhelmed by the idea of filing a lawsuit during this time of grief. That’s completely understandable. Here’s what the process typically looks like when you work with the team at Merkel & Cocke, P.A.:

  • In your initial consultation, we learn about your loved one and the circumstances of their death.
  • We evaluate your case and let you know whether you have a valid wrongful death claim.
  • We secure medical records, police reports, expert opinions, and more.
  • We engage in settlement negotiations. Most cases settle out of court, but only if the offer is fair.
  • If necessary, we present your case in court and ask a jury to award you full damages.

Our goal is always to make this process as smooth and stress-free as possible while fighting for the justice you deserve

Do you have an Oxford wrongful death lawyer near me?

Yes. Our Oxford office is located at 2090 Old Taylor Road, Suite 207. 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 trusted Oxford wrongful death lawyers today

If you’ve lost a loved one due to negligence in Oxford or anywhere in Mississippi, please don’t wait to get help. The wrongful death attorneys at Merkel & Cocke, P.A. have decades of experience helping families like yours recover damages and find peace after unimaginable loss. We offer free consultations, and you don’t pay us unless we recover compensation for you. Please call us today or complete our contact form to schedule a free consultation.