Unfortunately, tens of thousands of people are killed in the United States in preventable accidents every year. From devastating car accidents to medical errors that never should have occurred, avoidable deaths are a huge problem in our country.
To help provide a path to justice for the family members of the victim, each state in the United States has passed its own wrongful death statute. For example, Mississippi Code section 11-7-13 governs wrongful death claims brought in the state of Mississippi.
If your family member was killed in an avoidable accident, you should consult with a personal injury lawyer who has extensive experience handling wrongful death claims. Your lawyer will make sure that the negligent party is held legally liable and pays fully for the wrongful death.
A Wrongful Death Lawsuit Allows Victims to Pursue Justice
A wrongful death lawsuit is brought in cases in which a death resulted, at least in part, from the careless or reckless actions of another party. If a negligent or wrongful act resulted in a death, the family members or estate of the victim can bring a wrongful death to hold the negligent party liable and recover financial compensation for themselves and on behalf of their loved one.
Wrongful Death Claims: The Negligent Party is Responsible
Who is responsible for paying a wrongful death claim will depend entirely on the specific circumstances of the case. For example, if a preventable death occurred in a commercial truck accident, the truck driver, the trucking company, and their insurance provider may all share liability for paying out the wrongful death claim. There are many different circumstances in which a wrongful death might occur. Some other common examples include:
- Auto accidents;
- Motorcycle accidents;
- Pedestrian collisions;
- Medical malpractice claims;
- Defective product cases;
- Nursing home abuse; and
- Premises liability claims.
Ultimately, the negligent party and their insurers should be held responsible for paying out a full wrongful death settlement to the family of the victim.
How Much is a Wrongful Death Settlement?
The value of a wrongful death claim can vary dramatically. It will depend on many different factors, including:
- The extent to which the defendant was responsible for the death;
- The value of the economic damages sustained in the accident; and
- The ability of the family to get full and fair compensation for their pain and suffering, loss of love and companionship, and loss of consortium.
Unfortunately, defendants and insurance companies fight hard to limit the value of wrongful death settlements. For this reason, it is crucial that family members of the victims seek experienced legal representation.
Victims Should Seek Immediate Assistance From a Wrongful Death Attorney
If your loved one was killed in a preventable accident, you and your family deserve justice. While no amount of money will ever be able to make up for the loss of a family member, you may be entitled to compensation for the loss of your loved ones, including compensation for loss of financial support.
At this time, it is imperative that you seek guidance from a skilled wrongful death attorney. Let your attorney focus on the legal aspects of your case so that you focus on more important things like grieving and being there for your family during this difficult time.
Thanks to our friends and contributors from Harris Law Firm for their insight into wrongful death settlements.