Jackson, MS Wrongful Death Lawyers
As the capital city of Mississippi, Jackson has no shortage of things to do and see. However, as a major city, there is also no shortage of ways to get seriously injured or even killed due to another person’s careless behavior.
If you lost a loved one in an accident caused by someone else, you might be able to seek compensation for your expenses and psychological pain. At NST Law, our Jackson, MS personal injury lawyers can help you understand the legal process for recovery. We’ve been champions for the injured since 1990, recovering over $1.5 billion for victims and their families.
What is wrongful death in Mississippi?
In Jackson and throughout Mississippi, wrongful death is defined as the death of a person due to a wrongful act or omission that, if the deceased had survived, would have entitled them to compensation. Mississippi allows the family of the deceased to seek this compensation through a wrongful death lawsuit.
A wrongful death lawsuit is a legal claim filed in civil court that seeks to prove who was liable for causing the accident that resulted in death. The claim also seeks to show the family’s losses from the wrongful death of their loved one.
The Types of Accidents That Can Give Rise to a Wrongful Death Lawsuit in Jackson, MS
There are many types of accidents in Jackson that can lead to a wrongful death lawsuit, including the following:
Motor Vehicle Accidents
Motor vehicle accidents are a major cause of death in Jackson. Accidents involving cars, pickups, SUVs, rideshares, taxis, city buses, tractor-trailers, bicycles, or pedestrians are all too common. More than 70 people are killed each year in traffic accidents within the Jackson metropolitan area, including around a dozen non-motorized roadway users such as bicyclists or pedestrians.
Nursing Home Abuse
Of the 34 nursing homes in the Jackson metropolitan area, only five have received a 5-star rating from U.S. News & World Report’s Best Nursing Homes feature. These ratings are based, in part, on results from the annual health and safety inspections for Medicare/Medicaid certification.
While star ratings give prospective residents and their families a glimpse into the home’s care, these ratings don’t tell the whole story. Abuse and neglect can occur even at highly-rated skilled nursing facilities and can result in death. Some examples of nursing home abuse and neglect that can prompt a wrongful death claim include:
- Failing to provide adequate supervision and fall prevention
- Failing to control the spread of infectious diseases in the facility
- Failing to ensure that the resident has enough to eat and drink
- Failing to meet a resident’s special dietary restrictions
- Physical or sexual abuse by staff members
- Failing to prevent a resident from being physically abused by other residents
Medical malpractice occurs when a healthcare provider makes a negligent error and a patient experiences injury as a result. A study from Johns Hopkins shows medical errors cause about 250,000 preventable deaths a year, making medical errors one of the leading causes of death in the nation. Types of medical errors that can result in a medical malpractice wrongful death claim include:
- Diagnosis errors, such as misdiagnoses, missed diagnoses, and delayed diagnoses
- Prescription errors, such as giving someone the wrong medication or the wrong dosage
- Surgical errors, such as surgery on the wrong body part, surgery on the wrong patient, or even leaving a surgical tool or sponge in the body cavity
- Discharge errors, such as prematurely discharging a patient or failing to provide adequate discharge instructions and follow-up
- Birth injuries resulting from improper use of birthing tools or failing to provide a cesarean section when one was medically indicated for the safety of the mother or infant
- Consent errors, which involve failing to fully inform the patient of all known risks associated with a medical treatment plan, particularly those that, if disclosed to the patient, would have likely made them request a different treatment
Everyone in the manufacturing chain is legally responsible for ensuring products available to consumers in the U.S. are reasonably safe when used according to labeled instructions. Failing to ensure a product’s safety is known as product liability. Food and medications are most commonly associated with wrongful death claims. However, defective products like auto parts, appliances, and children’s clothing can also cause deaths.
Product liability cases are often handled as mass litigations with many claimants because defects can affect many products and result in numerous similar claims.
Property owners in Jackson are responsible for regularly inspecting their property and fixing hazards that could cause injury. Some types of premises liability accidents that can result in death include:
- Slip and fall accidents
- Swimming pool accidents
- Defective elevators or escalators
- Negligent security, which occurs when the property owner fails to protect guests from known crime in the area such as a shooting at an apartment complex or shopping center
- Dog bites
Who Can Sue for Wrongful Death in Mississippi?
In Jackson, the following people are eligible to file a wrongful death lawsuit:
- The named executor or appointed administrator of the deceased’s estate
- The deceased’s surviving spouse
- The deceased’s surviving parents or children
- Siblings of the deceased
What Is the Statute of Limitations for Filing a Wrongful Death Claim in Jackson, MS?
Generally speaking, the statute of limitations for filing a wrongful death lawsuit in Mississippi is three years from the date of the accident. Do not wait to file your claim. Although three years seems like a sufficient amount of time, the legal process can be complex and lengthy, and evidence can disappear over time. You may want to contact a wrongful death lawyer as soon as possible to ensure that you and your family meet the statute of limitations to file a claim.
Types of Compensation in a Jackson Wrongful Death
Mississippi allows wrongful death claimants to seek recovery of both economic and non-economic damages. The term “economic damages” refers to verifiable compensation for expenses as a result of the accident. Non-economic damages refer to compensation for psychological or quality-of-life losses. Some types of damages that family members can recover through a wrongful death claim include:
- Expenses related to the medical treatment for the deceased’s injury
- Funeral and burial expenses
- Pain and suffering experienced by the deceased between the time of their injury and death
- Loss of the deceased’s society and companionship
- Wages and benefits that the deceased would have likely earned throughout the rest of their career
How Do I File a Wrongful Death Claim in Jackson, MS?
If you are an eligible family member or the executor of the estate, these are the steps involved in a wrongful death claim:
- First, you may want to contact an experienced wrongful death attorney to help with your claim.
- Your attorney will then help you determine the sources of liability and insurance resources available for compensation.
- Your attorney will send a demand package to the at-fault party’s insurance provider. The insurance provider can either accept the demand and pay the claim’s value, deny the claim and provide the claimant with notice of the reason for the denial, or offer a settlement.
- Once you’ve heard from the insurance company, the settlement negotiation process begins. Your attorney will work with the insurance adjuster to find an appropriate settlement offer to compensate your family.
- Even as settlement negotiations occur, you and your attorney can file your legal claim in civil court. You must file within the statutory deadline for the claim.
- Your attorney will begin gathering the evidence and witness testimony needed to litigate your case.
- If you have not entered a settlement agreement before your trial date, your attorney will present your case in court.
- Upon successful resolution of your claim, your attorney will assist you in collecting your settlement or award.
How Can NST Law Help With My Wrongful Death Claim?
While no amount of money can bring back your loved one, getting the compensation you need can help lessen the financial burden of losing your loved one. At NST Law, our wrongful death lawyers can help you understand your rights and legal options for recovery. Additionally, we can provide legal assistance and advice to help you seek the maximum compensation for your case. For your free case evaluation, contact us by calling 601-362-5222 or filling out our online form.