Experienced Wrongful Death Lawyers for Difficult Times
Faithful Service to Our Clients
While there is no way to replace your loved one, Mississippi does provide a way to receive compensation for your losses through a wrongful death lawsuit. The Florence wrongful death lawyers at Ringer Lingold & Spencer can evaluate the facts of your individual situation and determine the best way to handle your case.
The unexpected death of a member of your family is always tragic, but it is especially devastating when the death happened only because someone else acted wrongfully or negligently. In addition to the grief you feel over the loss of your loved one, you often have to deal with feelings of anger at the party who caused the death and worry about how you are going to manage in the future without the love and support of your family member.
Turn to a Florence, MS, Wrongful Death Attorney for Help
Our compassionate lawyers understand what you are going through and have over 40 years of experience practicing in courts all over the state of Mississippi to represent the best interests of clients. In addition, we use our previous experience representing a large Mississippi insurance company to benefit our clients and fight for justice and the settlement you deserve.
To request a consultation with a wrongful death attorney, call us today at (601) 845-5050. Once we learn the individual facts of your loss, we’ll advise you about your options for possibly filing a wrongful death claim.
Wrongful Death Lawyers Defining “Wrongful Death” in Mississippi
Compassionate Guidance When You Need It
A wrongful death case can be thought of as a personal injury case that is brought to court on behalf of a deceased person who can no longer do so. According to the Mississippi wrongful death statute, (Miss. Code Ann. § 11-7-13), wrongful death is “the death of any person or of any unborn quick child”(one that the mother can feel moving, usually around 22 weeks) caused by the following:
- “any real, wrongful or negligent act or omission”
- “unsafe machinery, way, or appliances,” or
- “the breach of any warranty” of items intended for human consumption.
According to the statutes, a wrongful death may be based not only on a “wrongful or negligent” act, but also on cases where defective products or defective food or medication causes the death. Some common causes of wrongful death are:
- Vehicle accidents
- Construction and workplace accidents
- Product liability
- Premises liability
- Medical malpractice
- Manufacturing defects
- Acts of violence, such as assault and battery
- Slip, trip, and fall accidents
- Negligent security
- Nursing home abuse and neglect.
Learn Your Lawsuit Options from a Florence Wrongful Death Lawyer
Family members who are closest to the victim are entitled to file a wrongful death lawsuit. In order of preference, these include:
- the surviving spouse of the deceased person
- the surviving parent or child of the deceased person
- the surviving siblings of the deceased person
- the personal representative of the deceased person’s estate.
All of these surviving members of the victim’s family may join together in one wrongful death lawsuit, or the family member with the closest legal standing may file separately. If the claim is made by the surviving spouse, compensation awards are split equally between the surviving spouse and the children. If there is no surviving spouse or children, a surviving parent or sibling may file a claim, and awards are divided between them.
You might wonder why you should bother filing a wrongful death lawsuit during such a difficult time. If your loved one was a provider, it can help ease financial stress. In any case, it will hold the responsible party accountable.
IT’S DEVASTATING TO LOSE THE COMPANIONSHIP AND LOVE OF A FAMILY MEMBER. WE CAN’T EASE YOUR PAIN, BUT OUR FLORENCE WRONGFUL DEATH LAWYER CAN PURSUE COMPENSATION TO MAKE THE FINANCIAL BURDEN OF THEIR LOSS EASIER.
Our compassionate attorneys will make the process of filing a legal claim as burden-free on you as possible. Once we learn the details of your case, we’ll advise you about damages you may be able to get and then handle all the steps in the claims process. Call us at (601) 845-5050 to learn how we can help.
Damages Awards a Florence, MS, Wrongful Death Attorney May Win
Mississippi Proud. Winning Results.
In a successful wrongful death lawsuit, the award you may receive, called damages, is paid either to the estate or to the beneficiaries directly, depending on the situation. The compensation money is paid to surviving family members of the deceased for the purpose of covering both the monetary expenses incurred and the non-economic losses suffered, such as pain and suffering, from the wrongful death.
Economic Damages in a Wrongful Death Case
In a wrongful death case, economic damages are to cover money paid or lost due to the death, including:
- Medical expenses up to the time of death
- Funeral and burial expenses
- Property damage
- Lost wages the deceased would have earned if death had not occurred.
These are for the less tangible effects of the wrongful death, such as pain and suffering and loss of consortium and companionship.
Punitive Damages for a Wrongful Death
In some rare cases, when it can be shown by clear and convincing evidence that the defendant acted with actual malice, fraud, or with gross negligence that shows willful, wanton, or reckless disregard for the safety of others, punitive damages may also be awarded, according to Miss. Code Ann. § 11-1-65.
Mississippi has limits, or caps, on amounts that may be awarded for punitive damages, and also on non-economic damages in the case of medical malpractice, product liability, and pharmaceutical claims. However, there are no limits to the amounts you may receive for economic damages.
Our Skilled Wrongful Death Attorney Will Fight for Fair Compensation
When a wrongful death is involved, damages awards tend to be substantial, but the amount that you may receive varies greatly. Settlements may range from the thousands to millions of dollars, depending on factors that may include:
- The circumstances and type of negligence that caused the death
- The severity of the wrongdoing
- The available assets and insurance policies of the defendants
- The age, earning capacity and family responsibilities of the deceased
- The jurisdiction the case is heard in, and the individual judge and jury
- The negotiating power and skill of your wrongful death lawyer
WE KNOW THE PRESSURE YOU’RE UNDER AFTER LOSING YOUR LOVED ONE. OUR DEDICATED WRONGFUL DEATH ATTORNEY WILL FIGHT FOR FAIR COMPENSATION WHILE YOU FOCUS ON BEING THERE FOR YOUR FAMILY AND REBUILDING YOUR LIFE.
The compassionate Florence, MS, wrongful death lawyers at Ringer Lingold & Spencer are here for you when you need us most. You can rely on us to put our significant legal resources into helping you get compensation. Call us today at (601) 845-5050.
Wrongful Death Attorneys Proving Negligence
Holding At-Fault Parties Accountable
To win a wrongful death lawsuit, our personal injury attorneys will have to show that the person or entity you are suing, the defendant in the case, was negligent and at fault for causing the death.
Establishing negligence legally requires proof of the following elements:
- Duty – The defendant owed the deceased a duty of care not to cause harm.
- Breach — The defendant’s action or inaction breached the applicable standard of care.
- Cause — The defendant’s breach was the cause of the deceased’s death.
- Damages — The deceased and their survivors sustained economic and non-economic losses as a result of the deceased’s death.
Proving negligence for wrongful death depends on the individual situation, and our injury attorneys will proceed according. For example, if the death resulted from medical malpractice, an independent medical examination may be necessary, and if the death resulted from a car crash, an expert witness who can reconstruct the accident and testify on your behalf may be brought in.
In general, in order to prove negligence, our attorneys will:
- Investigate the circumstances of your case and gather evidence, such as photographs and videos
- Interview witnesses, first responders, and doctors
- Examine police reports and medical records
- Utilize expert testimonies.
Wrongful Death Lawyer in Florence, MS, Determines Liability
In some cases, there may be multiple parties responsible for the wrongful death. For example, if the death was due to a car accident, there may have been negligence on the part of:
- The driver who caused a crash
- The manufacturer of a defective tire or faulty brakes that caused the driver to lose control or an airbag that failed to go off or exploded
- A municipality or road repair company that left debris on the road that caused a tire to blow out.
OUR WRONGFUL DEATH LAWYER KNOWS HOW TO TAKE ON AND WIN AGAINST BIG INSURANCE COMPANIES. WE WON’T BACK DOWN IN WORKING TO GET YOU THE COMPENSATION YOU DESERVE. CALL US AT (601) 845-5050.
Since every potentially liable party may carry insurance and have assets, our attorneys will look to name all of them as defendants in your lawsuit. Be aware that insurance companies are out for profit and will try to get you to accept the lowest amount possible. Having worked for insurance companies before and having represented many clients, our attorneys know what is a reasonable settlement, and will protect your rights, negotiate aggressively with insurance companies, and fight to get the compensation you deserve.
Get Help from a Wrongful Death Lawyer in Florence, MS
Committed to Your Case
Mississippi laws regarding wrongful death are complicated, and it makes sense to get legal help as soon as possible. For example, Mississippi has two separate statutes of limitation, deadlines that apply to filing a wrongful death lawsuit in civil courts, depending on what caused your loved one’s death.
- For intentional acts causing death, such as assault or battery, your case must be filed within one year of the date of death.
- If the death was due to negligence, you must file within three years of the death, or the courts will most likely refuse to hear your case.
The sooner you call us, the more time we have to build your case and the easier it is to acquire evidence and find witnesses.
At this difficult time, when working through your grief and helping your family cope with your loss, having a lawyer by your side can help. At Ringer Lingold & Spencer we have found that holding the party responsible for the death can help facilitate the healing process. We will work on your behalf to make the wrongdoer accountable for the death and to fight for the compensation that will make life easier for you and your family.
Call our Florence wrongful death lawyers today to request a case evaluation at (601) 845-5050.