Fatal Car Accidents
There is perhaps no greater tragedy than losing a loved one too soon due to someone else’s negligence or reckless conduct. If your family member has died in a devastating car accident, you likely can bring a wrongful death claim to recover compensation for your loss and the expenses associated with your loved one’s passing. Jackson fatal car accident lawyer M. Devin Whitt has provided people throughout Mississippi, including in Madison, Rankin, Hinds, Warren, Yazoo, Forrest, Lauderdale, Simpson, Copiah, and Lincoln Counties, with the dedicated and experienced legal counsel that they deserve during this difficult time. Our team can assist you in every stage of the litigation, including pre-lawsuit investigations and negotiations with insurance companies and opposing counsel.Bringing a Wrongful Death Claim After a Fatal Car Accident
According to Mississippi Code section 11-7-13, a wrongful death claim requires the plaintiff to prove that the death of their loved one resulted from “any real, wrongful or negligent act or omission” by the defendant. Also, surviving relatives can bring a claim if the conduct that resulted in the victim’s death would have entitled the victim to bring a personal injury claim against the defendant. Mississippi residents have a fixed amount of time from the date that an accident happens to file a lawsuit. Specifically, the time to file a claim in Mississippi limited and an injured party should immediately contact an attorney to preserve his or her rights to make a claim for personal injury based on a car accident.
In general, the plaintiff will need to prove that the defendant’s negligent or reckless behavior caused the victim’s death. Many fatal car accidents unfortunately result from drunk driving. Evidence that the defendant violated one of the state DUI laws is a strong indication that the defendant was negligent and should be held liable. Moreover, there are many other ways in which a driver may act negligently, such as failing to yield at an intersection, texting behind the wheel, tailgating or driving aggressively, or failing to reduce speed in adverse weather or road conditions.
In addition to compensatory damages, punitive damages may be available to plaintiffs in Mississippi in some cases. Securing punitive damages requires showing by clear and convincing evidence that the defendant’s conduct reflected malice, actual fraud, or gross negligence that demonstrated a wanton, willful, or reckless disregard for others’ safety.
An important consideration in a wrongful death claim is determining who has standing to bring the claim. Mississippi allows the personal representative of the decedent’s estate, a surviving spouse, a surviving parent or child, or a surviving sibling to seek damages through a wrongful death claim. They may be entitled to recover a wide range of damages, including compensation for any medical expenses associated with the decedent’s injury and passing, burial and funeral costs, and any property damage. The plaintiffs may also seek compensation for pain and suffering, the loss of companionship and society, and the loss of any benefits that the victim would have earned but for his or her untimely death.Enlist a Fatal Car Accident Lawyer in the Jackson Area
If you have lost a loved one as the result of a fatal car accident, you and your family may be entitled to compensation. Proudly serving Mississippi clients throughout Madison, Rankin, Hinds, Warren, Yazoo, Forrest, Lauderdale, Simpson, Copiah, and Lincoln Counties, Jackson fatal car accident attorney M. Devin Whitt offers a free, confidential consultation to help you determine the legal options that may be available to you. While no amount of money can ever truly repair the injury and pain that you and your family have suffered as the result of losing a loved one, it can help alleviate the burden created by the related expenses. Call us at 601-607-5055 or contact us online to set up an appointment with a motor vehicle collision attorney.