Tunica, Mississippi, Wrongful Death Attorneys
Wrongful death cases in Tunica, Mississippi, happen when someone else causes the death of another person. The death may have resulted due to action on the part of someone else or even inaction. This means that both negligence and neglect are proper bases for a wrongful death action in Mississippi.
While such suits do involve someone’s death, it’s important to note that a wrongful death case is a civil claim and not a criminal matter. The suits exist because the person who suffered the terrible harm is no longer alive to sue the parties responsible. Wrongful death cases allow close family members to sue in place of the deceased victim, allowing them to collect compensation for the harm caused to their loved one. The purpose of such suits is to compensate the family for the loss of financial compensation, emotional companionship and other harms suffered due to the negligence of the responsible party.
One critical element of such Tunica wrongful death cases is that the defendant can only be held financially responsible if he or she is found to have caused the death of your loved one. The law requires that such cases prove the death would not have occurred were it not for the neglect or negligence of the defendant.
If it is proven that the deceased victim was somewhat responsible for his own injury, then the deceased person will be seen as contributorily negligent. This means that when damages are awarded, they will be reduced based on the percentage of negligence attributed to the deceased person.
In Mississippi wrongful death cases, damages are awarded to the family to compensate them for their loss, both financial and emotional. Damages can be difficult to calculate and often involve many factors and subjectivity. The easiest category of damages to award are those based on actual expenses. This means medical bills, hospital stays and funeral costs. These are clearly demonstrated and cannot be easily argued against.
Another category includes loss of earning and loss of future earnings. This can be a bit speculative and involves calculating the deceased victim’s expected lifespan and possible future earnings. The future is then adjusted for present value and is often challenged by the other side who may claim a shorter lifespan or diminished earning power. Given the complexity of such calculations, it’s critical that you rely on an experienced Tunica wrongful death attorney to guide you through the process.
Loss of consortium is also a tough figure to calculate and is entirely subjective. This measures the emotional connection to the family and how much pain and suffering the surviving family members feel after the sudden death. Finally, punitive damages are awarded to punish the person responsible for the death. These are intended to send a message and not to compensate the family for any specific loss and only occur in cases where the defendant behaved intentionally or grossly negligent.
The wrongful death attorneys at Stroud, Flechas & Dalton understand the grief you are likely experiencing following the loss of a loved one. We understand how such a sudden death could cause serious financial trouble and would be happy to discuss your case and present you with possible options for receiving compensation. If someone you loved passed away too soon due to the negligent actions of others, it may be helpful to reach out to an experienced Tunica wrongful death attorney who can guide you through such a case. The caring attorneys at Stroud, Flechas & Dalton have years of experience and have successfully obtained compensation for our clients in similar situations.