Tupelo Wrongful Death

Tupelo Wrongful Death Attorneys

Wrongful Death Attorneys Representing Families Fighting for Compensation After Losing a Loved One in Tupelo, MS

Grieving the premature loss of a loved one who passed away after being hurt in an accident caused by another party’s negligent or reckless actions can be painful and extremely difficult. While nothing can replace your lost family member, surviving relatives may seek justice by holding the responsible party financially liable for what happened. Here are a few key answers about wrongful death claims in Mississippi.

What Is Considered a Wrongful Death?

Wrongful death cases can arise from a variety of situations, including but not limited to auto accidents, medical malpractice, defective products, and even intentional criminal acts. Any situation that causes a fatal injury or illness could be considered wrongful death, including defective machinery or equipment or breach of warranty of fitness for human consumption of a product such as food or pharmaceutical products.

A wrongful death is similar to a Tupelo personal injury case, which is based on the fact that the plaintiff was injured and sustained significant losses after being involved in an accident caused by another party’s negligence or recklessness.

However, in a wrongful death claim, the plaintiff’s injuries were fatal. Had the plaintiff survived, he or she would have had the grounds to initiate a personal injury lawsuit. Instead, his or her surviving relatives may take this step on their behalf.

Who Can Initiate a Wrongful Death Lawsuit in Mississippi?

In Mississippi, wrongful death cases can be initiated by the decedent’s estate personal representative, as well as direct surviving relatives, including their spouse, children, siblings, or parents. Only one wrongful death action may be filed, but it is possible for all the above-mentioned parties to come together to file a claim.

It is worth mentioning that the statute of limitations for personal injury claims in Mississippi also applies to wrongful death claims. The statute allows a wrongful death claim to be initiated not more than three years after the date the decedent passed away.

If you are planning to file a claim, it is best to take action sooner than later because waiting too long may mean you might miss the deadline and be at risk of your case being dismissed.

What Damages Can Surviving Family Members Recover in a Mississippi Wrongful Death Claim?

Mississippi law allows surviving family members to recover both economic and non-economic damages after losing a loved one to another person’s negligence — compensation designed to ease the financial burden and acknowledge the profound personal loss.

Understanding what damages are available helps families grasp the full scope of what they’re entitled to pursue.

Economic Damages

These cover the quantifiable financial losses resulting from the death:

  • Medical expenses incurred treating the deceased person before they passed

  • Funeral and burial expenses, including funeral services and related costs

  • Lost income and future earnings the deceased would have provided to the family

  • Loss of benefits such as health insurance, pension, or retirement contributions

  • Value of lost services the deceased provided, such as childcare or household management

Non-Economic Damages

These compensate for the intangible losses that don’t carry a clear dollar figure:

  • Emotional suffering and mental anguish experienced by surviving family members

  • Loss of companionship, guidance, and support the deceased provided

  • Loss of consortium for a surviving spouse

Punitive Damages

In cases involving intentional acts or especially reckless conduct, Mississippi courts may award punitive damages to punish the wrongdoer and deter similar behavior. It’s worth noting that Mississippi caps non-economic damages at $1 million in cases involving healthcare providers and medical malpractice. Because these complex damages must be properly calculated and proven, working with experienced Tupelo wrongful death lawyers ensures nothing is overlooked.

Common Causes of Wrongful Death Cases in Tupelo

Wrongful death claims can arise from nearly any situation where one party’s negligence or intentional act causes a fatal injury — and identifying the type of case is the first step toward holding the responsible party accountable.

At Rundlett Law Firm, our attorneys handle wrongful death cases stemming from a wide range of circumstances throughout Tupelo and the surrounding areas.

Situations That Frequently Lead to Wrongful Death Claims

  • Motor vehicle accidents. Fatal crashes involving cars, trucks, and motorcycles are among the most common wrongful death cases, often caused by speeding, distracted driving, or impaired driving.

  • Medical malpractice. When a healthcare provider’s negligence causes death, it may involve anesthesia mistakes, missed or delayed diagnoses, surgical errors, or medication mistakes. These cases require careful proof that the provider breached the accepted standard of care.

  • Workplace and construction accidents. Fatal injuries on the job, particularly in construction, may give rise to both workers’ compensation claims and wrongful death actions against negligent third parties responsible for unsafe conditions or defective equipment.

  • Nursing home neglect. Elderly residents who die due to neglect, inadequate care, or abuse in a care facility may be the basis for a wrongful death claim against the responsible facility.

  • Dangerous premises and slip-and-fall accidents. Property owners who fail to maintain safe conditions can be held liable when unsafe premises cause fatal injuries, including traumatic brain injuries from serious falls.

  • Defective products and unsafe machinery. When faulty products or dangerous equipment cause death, the manufacturer may be held liable.

Whatever the cause, our wrongful death lawyers investigate thoroughly to establish liability and pursue the financial compensation your family deserves.

What Are the Key Elements of a Wrongful Death Case?

A solid wrongful death claim is based on a few key elements that are very similar to a personal injury case. The decedent’s family or party bringing the action has to prove the defendant owed a duty of care to the victim. This means that the defendant was expected to act in a way that would not do harm to others and demonstrate responsible behavior.

For example, a motorcyclist, as well as other drivers on the road, is expected to follow traffic laws and operate their vehicles in a safe and responsible manner while on public roadways.

Another key element is to show that the defendant breached their duty of care by engaging in reckless or negligent behaviors. Using our example, let’s imagine the motorcyclist was speeding and engaging in dangerous practices such as weaving in and out of traffic and lane splitting. The motorcyclist knew their actions were dangerous but decided to do them anyway.

You will also need to show that the defendant’s negligence or recklessness was the direct cause of the circumstances that led to the death of your loved one. Let’s suppose that the motorcyclist was driving 30 miles above the speed limit in a residential area and failed to stop at a pedestrian crosswalk, hitting and fatally injuring a pedestrian.

If the motorcyclist had been mindful of the speed limit and traffic laws, your loved one would not have been hit while walking home. The final piece you need to prove is that the defendant’s actions resulted in significant damages that affected you and other family members.

Is Wrongful Death Considered a Criminal Case?

Wrongful death cases are not considered criminal cases because they are handled by a civil court. A wrongful death case is initiated by the victim (in this case, the relatives of the decedent) rather than by a prosecutor. A successful wrongful death claim results in a monetary award for the plaintiff from the defendant. However, in the case of a death resulting from a criminal action, a wrongful death case can be initiated in addition to a criminal action, but each of those case types is handled by different courts.

In a criminal case, the state relies on the work of a prosecutor to search and present compelling evidence against the defendant, seeking a conviction. If the prosecution is successful, the defendant will be convicted of a crime and sentenced accordingly, with penalties that may include jail or prison time and fines.

In a wrongful death case, it is up to the plaintiff to come up with the evidence necessary to prove that the defendant’s negligence was the cause of their loved one’s death. For that reason, it is important to seek the help of a wrongful death attorney in order to build a strong case.

How Can a Tupelo Wrongful Death Lawyer Help?

Dealing with the premature loss of a loved one while trying to figure out how to cover bills and take care of your family is a burden, but adding to that, the stress of dealing with insurance phone calls and paperwork can make the situation overwhelming. Working with a wrongful death attorney is a sensible step if you are seeking to get justice on behalf of your loved one and receive compensation that can help pay for final expenses and balance your family’s finances so you can focus on healing and continuing on with life.

At Rundlett Law Firm, PLLC, our attorneys have fought for wrongful death victims and their families in Tupelo, MS, and surrounding areas, helping them hold the at-fault parties responsible for their actions and getting families the compensation they deserve. If you have lost a loved one in a wrongful death case, contact us at  601-282-8426  to discuss your options.