Wrongful Death
Have You Lost a Loved One Due to an Accident?
Sudden accidents can cause us to lose a loved one when least expected. Whether the death is caused by a traffic accident, an accident at work, a dangerous consumer product, or even a swimming pool, an untimely death is as tragic as it is sudden.
When a person dies from an accident, he or she often leaves behind a child, husband, wife, mother, father, brothers or sisters. Depending on the circumstances, these survivors are often what is known in the law as “wrongful death beneficiaries” and each are entitled to bring a wrongful death lawsuit against any person, company or business whose negligence caused the wrongful death.
But, there can be only one lawsuit for the same wrongful death maintained in court, so its very important to know that if a sudden tragedy strikes your family, you need to be aware of not only your rights, but the rights of any other person who may be a wrongful death beneficiary. This is especially true when the wrongful death beneficiaries include a child or children.
A wrongful death lawsuit is typically complicated and involves multiple legal proceedings. Not only must the wrongful death lawsuit be filed and litigated, but a wrongful death estate must be filed and established in the chancery court where all wrongful death beneficiaries will be identified and determined to be heirs-at-law, which also includes half-blood and illegitimate children.
The role of the lawyer in a wrongful death lawsuit is to pursue the legal remedies against the negligent person, business or company, so that the wrongful death beneficiaries may recover money for all of the damages available to them under the law. Often the role of the lawyer also includes representing the wrongful death estate and working with the estate administrator for purposes of litigating the lawsuit. Guardianship estates are also established for wrongful death beneficiaries or minor children.
And Remember! After an accident, the person, company or business that caused your loved one’s death is probably insured. This means that they have notified their insurance company and its adjusters and investigators are already working on the case. The insurance company adjuster may even contact you and offer you a settlement. Don’t sign or accept anything from the insurance company until you have had time to ask an experienced lawyer what your rights and remedies are and what you may be rightfully entitled to recover.
Wade & Associates is experienced and ready to advise you concerning your legal rights and remedies in Mississippi.
If you have any questions, simply reach out to us.