Ridgeland Wrongful Death Lawyer

Dedicated Wrongful Death Attorneys Representing Clients in Ridgeland, MS

Understanding Wrongful Death Claims

When a person’s life is tragically cut short due to the negligent or wrongful actions of another, that person’s loved ones have what is referred to as a wrongful death claim. These claims are intended to provide financial compensation to the deceased’s surviving family members and estate. They also serve as the legal system’s recognition of the immense loss and financial burden that the family endures due to the untimely death. Getting the assistance of an experienced wrongful death lawyer from The Hamilton Law Firm can assure you that you obtain the maximum compensation under the law for you and your family.

Mississippi Code Annotated 11-7-13

In Mississippi, wrongful death claims are governed by Mississippi Code Annotated § 11-7-13. This statute outlines who is eligible to file such a claim, including specific family members and the estate of the deceased. It also details the order of beneficiaries who may receive damages and the types of compensation that can be awarded.

Who Can File a Wrongful Death Claim?

The statute specifies which family members are eligible to recover damages, giving priority to certain relatives. The primary beneficiaries include:

• Spouse and Children: The deceased’s spouse and children, including any illegitimate children, have the highest priority for recovering damages. In cases where an adult child who would have been a beneficiary passes away, their children (the deceased’s grandchildren) may be eligible to claim damages.
• Parents and Siblings: If the deceased has no surviving spouse or children, the parents and siblings may be entitled to recover damages. This includes full-blooded and half-blooded siblings, as well as adoptive parents.
• Other Relatives: If none of the above relatives survive, other next of kin may be considered for recovery.

These beneficiaries are prioritized to ensure that the closest family members receive compensation before more distant relatives.

Recoverable Damages in a Wrongful Death Claim

Consulting with an experienced wrongful death attorney is crucial to navigating the complexities of Mississippi wrongful death laws. Generally, the following types of damages can be pursued:

• Medical Expenses: Costs related to the deceased’s medical care before death.
• Funeral and Burial Costs: Reasonable expenses for the funeral and burial.
• Lost Wages and Benefits: The income the deceased would have earned, including potential future earnings.
• Loss of Companionship and Society: Compensation for the loss of the deceased’s companionship, care, and affection.
• Loss of Consortium: Compensation for spouses due to the loss of marital benefits, including companionship and support.
• Mental Anguish and Emotional Distress: Compensation for the emotional suffering of the wrongful death beneficiaries.
• Loss of Support and Services: Financial compensation for the loss of the deceased’s support and services, including lost wages and the value of household services provided by the deceased.

Estate vs. Individual Beneficiaries: Recoverable Damages

There is often an overlap in the types of damages that the estate and individual wrongful death beneficiaries can recover. If no estate is opened, individual beneficiaries may recover for their personal losses and some economic damages. However, if an estate is opened, most recoveries will be processed through the estate. A chancery court judge must approve any proposed settlement.

Whether to open an estate depends on the circumstances, as this may subject the recoveries to claims by the deceased’s creditors. However, opening an estate might be necessary to pursue all appropriate damages, such as the deceased’s pain and suffering before death under certain circumstances. The benefits of taking one course of action versus the other can be very unique to the specific situation, and the Ridgeland wrongful death attorneys at The Hamilton Law Firm are prepared to make sure that you choose the right path.

The categories of damages are designed to recognize the significant impact of wrongful death on survivors and to guide the courts in providing financial relief. While no monetary compensation can replace the loss of a loved one, The Hamilton Law Firm is dedicated to securing the maximum recovery for those affected by such a devastating event. We are here to help you navigate the complexities of wrongful death and estate laws, ensuring that each affected family member receives the compensation they are entitled to under the law.

Wrongful Death Cases in Madison County

A wrongful death suit arising from a death in Ridgeland, Madison, Gluckstadt or Canton is ordinarily filed in the Madison County Circuit Court in Canton; deaths from crashes elsewhere in the metro are filed in the Hinds or Rankin County courts. When the claim includes estate damages, such as the deceased’s medical bills and funeral expenses, an estate is opened in the Madison County Chancery Court, and any settlement in which a minor is a beneficiary must be approved by the chancellor. If a city, county or state vehicle or employee was involved, the Mississippi Tort Claims Act applies, with a written notice requirement and a one-year deadline rather than three. Our Ridgeland office at 403 Towne Center Blvd., just off Lake Harbour Drive, is minutes from the Madison County courthouse, and we handle every step from the estate filing to the distribution of the recovery.

Ridgeland Wrongful Death FAQs

Does the family have to open an estate?
Not always. Statutory beneficiaries may sue in their own names; an estate is needed when there are estate damages or no statutory beneficiary.

Who receives the money, and how is it divided?
Mississippi Code § 11-7-13 sets the order of beneficiaries, and the recovery is divided among the beneficiaries in the same class after fees, expenses and liens. See our Mississippi wrongful death lawyer page for the full hierarchy.

What is the deadline?
Generally three years, measured from the death for a negligence claim, and one year with a pre-suit notice if a government entity is responsible. See our Tort Claims Act page and our statute of limitations guide.

Can we bring a claim if there was no criminal charge?
Yes. The civil claim is independent of any criminal case and requires only a preponderance of the evidence.

For related claims in Ridgeland and Madison, see our personal injury, car accident, truck accident and motorcycle accident pages.

Contact an Experienced Ridgeland Wrongful Death Attorney

Wrongful death claims are intricate and require a thorough understanding of the applicable case law and statutes to ensure that the estate and the deceased’s loved ones are adequately compensated. We are committed to guiding you through this difficult process with both experience and compassion. Our primary goal is to help you secure the full extent of the recovery available under the law while providing the support you need during this challenging time.

If you have lost a loved one due to the negligent or wrongful actions of another, contact the Ridgeland wrongful death attorneys at The Hamilton Law Firm today. Our experienced attorneys are here to assist you with your wrongful death claim and help your family obtain the justice it deserves. Call our office at 601-974-5900 to schedule an initial consultation.