Wrongful Death in Horn Lake, Mississippi
When you read the news and hear about a car accident, your mind immediately goes to the family of the victim. When our attorneys at Stroud, Flechas & Dalton heard this story we too felt sympathy for the loved ones affected by this tragedy:
A father and son were on a weekend trip before the son graduated; their car was struck by a semi (tractor trailer truck) near Arkabutla Lake. The son survived the crash, but the father did not. The semi hit their car on the driver’s side—the father fought until the end—but the ambulance arrived much too late.
As Horn Lake, Mississippi wrongful death attorneys, we know that this scenario is sadly seen more often than not. And in this particular situation, the father left four children and his spouse grieving. After a loved one has passed away everything changes. Whether it was your parent, friend, or sibling, your life is altered forever. What changes did the above-mentioned family endure?
Let’s think first about the financial implications of experiencing a death in the family:
- Before this accident the family had two sources of income. In some cases, the lost loved one could be the sole provider. Therefore, the financial security provided by that person’s income has shifted dramatically. This isn’t something a family can easily overcome.
- The family also needs to pay for the expenses that arrived due to the accident. This would include, but not be limited to: funeral costs, medical bills, and car repairs. Not everything is necessarily covered by insurance, especially if the death was unexpected as it was in this case.
- Looking further down the road there will be more expenses as well. From college tuition for the children to family emergencies, that financial security is crucial.
The wrongful death attorneys at Stroud, Flechas & Dalton can help you figure out these financial complications after the death of a loved one, but we know there’s more to it than that. There are emotional implications as well.
Whether a relative suggests that you consult a wrongful death attorney or you simply come to our office on your own, our lawyers can help you through this. We can file your wrongful death claim, walk with you through the process, and communicate on your behalf with the insurance company.
What qualifies as a “wrongful death” and who can receive the benefits?
Wrongful death is a claim against a person or corporation who can be held accountable for the death of your loved one. This may be categorized under auto accidents, slip and falls, medical malpractice, nursing home abuse, and much more.
A wrongful death claim can provide you with the financial security that your lost loved one would have provided for you. A wrongful death claim may include:
- Any conscious pain and suffering of your loved one
- Funeral costs and expenses
- The present net cash value of your loved one’s work life expectancy
- The loss of companionship of the loved one
- Possible punitive damages (based upon misconduct of the responsible party)
Mississippi Code Annotated Section 11-7-13 sets forth the criteria for when loved ones can receive compensation and also states that family and statutory beneficiaries can file a wrongful death claim. However, if the decedent bears fault for the accident, his/her fault percentage will be deducted from any potential recovery.
In short, while the law cannot bring your loved one back, it can provide you with the financial benefits that he or she would have given you if he or she were still alive.
Fatal Auto Accidents
At Stroud, Flechas & Dalton, we help people after many different types of wrongful death events, but the most common cause of this tragedy is an auto accident.
Fatal car accidents affect families and friends all too often. In 2012, a total of 30,800 fatal car accidents occurred, leaving thousands of families to grieve and deal with the repercussions.
Car accidents happen for a variety of reasons—and most of them are due to the negligence of another driver. Distracted driving, drunk driving, speeding, reckless driving, and improper training may all be factors of a fatal car accident. The use of technology has increased the amount of car accidents. Over 3,000 Americans are killed each year as a result of distracted drivers who are texting, talking on the phone, changing the radio, looking at a GPS, and more.
While car accidents are a common cause for fatalities, truck accidents accounted for almost 50 percent of the fatal auto accidents in Mississippi in 2010.
Semi/tractor trailer and commercial trucks always tend to be more severe than the car accidents due to the sheer size and weight of the trucks. If a truck was involved in a fatal accident that killed a loved one, the truck driver and/or the company may be at responsible for damages. Overweight vehicles, improper training, mechanical defects, and inadequate safety policies can lead to fatal accidents.
Motorcycle riders also face serious accidents, including fatal ones. Almost 4,600 motorcyclists were killed in 2011, leaving families to cope with the loss of their loved ones.
More than 42 percent of the fatal motorcycle accidents were a result of a negligent driver turning left in front of a motorcycle, according to the National Highway of Traffic and Safety Administration. By watching out for motorcycles and looking both ways before turning, almost 2,000 lives could have been saved.
A Wrongful Death Attorney Can Help You
During your time of turmoil, consider talking to a wrongful death attorney. When you are pouring through your financial records and trying to figure out how to pay for expenses associated with the loss of a loved one, know that a wrongful death attorney can assist you through the process.
When you are feeling down and cannot see the light at the end of the tunnel, know that a wrongful death attorney already has a plan set up for you and will work hard to see that you receive the monetary benefits that you deserve.
As you are trying to find a wrongful death attorney that is compassionate, attentive, and experienced, turn to your neighbors at Stroud, Flechas & Dalton. The lawyers at Stroud, Flechas & Dalton have been representing Desoto County, Mississippi residents for over a decade and will fight to secure you the best possible outcome after the death of a loved one.
If a loved one has passed due to the negligence of another in or around Horn Lake, Mississippi, reach out to the attorneys at Stroud, Flechas & Dalton.