Florence Wrongful
Death Lawyer

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.

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.

Non-economic Damages

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.

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.