Wrongful Death Attorneys

For Times of Sadness and Uncertainty

Wrongful Death Attorneys Near You

The death of a loved one is difficult enough on its own. However, grief is only compounded if the events leading to death were caused by a negligent party. Knowing that if another person was just more careful, your loved one would still be around is an unbearable feeling.

Not only is there the profound sense of loss, but economic uncertainties nag at you and make this a stressful experience.  During a time that you need everything to be simple, every day becomes more complex.

The Stubbs Law Firm, PLLC not only offers skilled litigators for wrongful death cases but also a personal approach with compassion for those who have lost friends or family members through tragic circumstances.

Wrongful Death Attorney

Few situations are as distressing as the loss of a loved one, especially if you suspect the cause to be wrongdoing or negligence. With such strong emotions taking hold, the last thing on many people's minds is pursuing legal action. However, you and your family shouldn't risk a lack of closure — or financial hardship — just because you didn't take action soon enough.

When a person loses their life because of another person, their family could be entitled to claim damages through a wrongful death lawsuit. At The Stubbs Law Firm, we've helped countless grieving families seek justice following the wrongful death of a loved one. We understand that sensitivity is just as critical as getting results, and our team is highly trained, professional and compassionate.

What Is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit — not a criminal prosecution that leads to a conviction, prison time or fines. Wrongful death occurs when someone loses their life due to misconduct, malpractice, or negligence from a third party, so it can be intentional or unintentional.

A successful claim results in financial compensation for the deceased's family, paid for by the responsible party. Although nothing can make up for an untimely death, the process can help surviving family members find closure and avoid financial chaos and the resulting intensification of grief.

It's a highly complex area of law because of the broad nature of personal injury and the variation of wrongful death laws by state. What's more, this type of lawsuit can be particularly stressful and draining for the plaintiffs, who are experiencing overwhelming emotions. As such, it's critical that you seek counsel from wrongful death attorneys with a proven track record of getting results.

Common Types of Wrongful Death Claims

Any fatal accident that occurs as a result of a third party could justify wrongful death action. Some of the most common types of wrongful death claims include:

• Motor vehicle accidents: Violation of road rules such as crossing the centerline and running red lights or stop signs are examples of negligent driving and could result in a successful wrongful death suit. Also, truck companies could be held responsible for trucking accidents if the employee breaks regulations and causes death to pedestrians or motorists due to negligence.

• Workplace deaths: Slip-and-fall accidents, machine-related incidents, electrocution and falling objects are a few examples of workplace deaths that an employer could be at-fault for. The construction and transportation industries see the majority of claims, but on-the-job-death can occur in any company.

• Medical malpractice: This type of lawsuit, when a doctor or other medical practitioner makes a mistake that causes death, is one of the most common wrongful death claims. Misdiagnosis, surgical errors, delayed treatment, birth and delivery injuries and premature discharge are examples of negligence in hospitals and other healthcare settings.

• Product defects: Automobiles, appliances, toxic foods, pharmaceuticals and faulty children's products are prime examples of defective products that can cause death. It's a manufacturer's legal obligation to ensure products are safe and fit for purpose, and neglecting this duty can lead to liability.

Wrongful death lawsuits are in no way limited to the above, although they represent the ones that occur most frequently. Other types could include:

• Uber and rideshare accidents

• Aviation accidents

• Dog attacks

• Assault (even when death is proven to be accidental)

• Nursing home neglect or abuse

What Constitutes a Wrongful Death?

A startling number of wrongful deaths occur every day for a wide variety of reasons and in a range of situations. Generally speaking, claims are won when death results from carelessness, recklessness or sheer negligence from a third party with a duty of care.

That duty of care could fall under the individual's direct responsibility, such as in medical malpractice cases. It could also be the car or toy companies' general duties to ensure their products are safe. Likewise, the responsible party could be a direct employer or the employer of an individual who causes death through negligence. Employers have a responsibility to provide training and have policies in place to keep employees safe and ensure they're competent and able to carry out their duties without causing harm.  

Broadly speaking, there are two pillars to a wrongful death lawsuit. The first involves proving that the decedent would have been able to make a personal injury claim for negligence, malpractice or misconduct. The second component relates to surviving dependents and the emotional, financial, educational and parental loss that occurs as a result of the wrongful death. 

The wrongful death lawyers at The Stubbs Law Firm have decades of experience putting together these complex lawsuits and delivering compelling results for people experiencing tremendous loss. If you're entitled to compensation, we can help you get the justice you, your family and your loved one deserve. 

How Do Wrongful Death Claims Work?

Wrongful death lawsuits are complicated and vary between states, especially when determining who has the right to make a claim. Lawsuits and the resulting compensation can differ significantly depending on your jurisdiction, even if the underlying causes and outcomes are very similar. 

That said, some elements of this type of lawsuit are ubiquitous. Firstly, the plaintiff, cause of death and at-fault party must be established. In case there's a dispute about who's an eligible plaintiff, a probate court appoints someone with legal authority to file, oversee and settle the lawsuit. In most cases, the person chosen is the administrator of their estate or executor of the will, but dependents might also be eligible.  

The appointed plaintiff and their legal team then issue a demand to seek compensation, with a caveat that a settlement can take the place of legal action. Many wrongful death lawsuits settle out of court, while others result in legal action. At The Stubbs Law Firm, we fight to get justice as soon as possible, but we're willing to go the distance under due process in court. Due to the complexity of wrongful death law, it can take months or years until a case is heard in front of a jury.  

How Do You Prove a Wrongful Death?

As with any legal process, winning compensation requires unequivocal evidence that the defendant caused wrongful death by being reckless, careless or negligent. For instance, if your loved one passed away as a result of being overprescribed a medication, clear, provable liability is present. Likewise, if an automobile defect directly caused an accident that led to death, you have a strong case for a claim. 

In any case, a wrongful death lawyer undertakes an extensive investigation into the accident to discover all the facts required to gather evidence and prove liability. Often, an independent investigation also takes place — usually by a government or law enforcement agency. Furthermore, all involved parties and eyewitnesses provide sworn deposition testimony to corroborate or counter the claim.  

Who Can File a Wrongful Death Lawsuit, and What Is the Deadline for Filing it?

It's down to your wrongful death attorney to determine who should make the claim, especially if multiple people are entitled to do so. Entitlement varies between states, but generally speaking, determining the plaintiff is similar to deciding who would inherit property in the case of someone who passes away without writing a will. That might be:

1. The deceased's wife or husband

2. The offspring of the deceased

3. Dependent stepchildren

4. Any minor dependents who have lived under the deceased's roof for more than six months

5. The dependent parents of the deceased
   
   

In case no surviving family members fit into the categories listed above, the right to claim shifts to:

1. The deceased's surviving parents

2. The deceased's siblings and their families

3. The decease's surviving grandparents

4. Children of the deceased's spouse who has passed away

5. Next of kin

What's more, there is a deadline to file, meaning plaintiffs must file a wrongful death lawsuit before the statute of limitations expires. 

What Is the Statute of Limitations?

The statute of limitations determines how long plaintiffs have to file a wrongful death lawsuit and varies from state to state. In Mississippi, the statute of limitations for wrongful death claims is usually three years from the date of the death. In the case of an intentional act such as assault, claims must be made within a year. 

Wrongful Death Damages

All surviving dependents may be able to recover the value of lost support and income following the wrongful death of a family member. The amount depends on a range of factors, including the deceased's net income, the life expectancy of the survivors and the replacement value of the deceased's services. Damages might include:

• Pain and suffering

• Child support

• Lost income

• Consortium

• Education costs

• Loss of parental guidance and nurturing

• Medical expenses

• Funeral and burial expenses

• Punitive damages

Mississippi has capped non-economic damages at $1,000,000 — or $500,000 in the case of medical malpractice. There is no cap on economic damages. 

Compensation in a Wrongful Death Case?

In Mississippi, damages can include compensation for an array of categories of losses, such as:

• Funeral and burial costs

• Medical expenses incurred as a result of the deceased's final illness or injury

• The pain and suffering experienced by the deceased

• Surviving family members' lost companionship and support

• The value of lost income the deceased would have contributed to their loved one if they weren't involved in the incident that caused their death

If you believe to have wrongful death on your hands please contact us at the Stubbs Law Firm today. We will guide you through the process with the upmost professionalism and understanding.