Unexpectedly losing a loved one is always a tragedy, but grief is amplified when negligence is involved. If your family has experienced a wrongful death caused by a car accident in Jackson, get help from a wrongful death lawyer to understand your legal right to seek justice and compensation through a wrongful death claim.
Wrongful Death Under Mississippi Law
Not every accidental death is a wrongful death. The legal distinction here is where fault lies. In Mississippi, a death is legally considered wrongful if it is caused by the negligence, recklessness, or intentional act of another party.
The specific framework for these claims is established under the Mississippi Wrongful Death Act (Miss. Code Ann. §11-7-13). This statute is broad, covering fatalities resulting from various incidents, including, but not limited to, car accidents. The core of this definition is the blame or fault attributed to the defendant. A wrongful death case exists only when there is proof that the defendant’s actions or lack of necessary action were the direct cause of the fatal outcome.
Who Is Legally Allowed to File?
Only certain people can file a wrongful death lawsuit in Mississippi. Typically, the claim must be filed by the personal representative appointed by the court to oversee the deceased’s estate. This individual acts on behalf of the deceased and their beneficiaries. The claim itself is for the benefit of the deceased’s surviving family members, which generally includes:
- The surviving spouse
- The children
- The parents
- Other specified next-of-kin
The claim seeks to provide these beneficiaries with financial and emotional recovery for their profound loss.
Establishing the Elements of Wrongful Death in a Car Accident
To successfully pursue a wrongful death claim stemming from a car accident in Mississippi, the plaintiff must provide strategic evidence to clearly establish that the defendant was at fault and that this fault directly led to the death.
Proving negligence is the foundation of your claim. When an individual fails to exercise reasonable care and causes harm to another, that is negligence. To prove this, your lawyer must demonstrate four key points:
- The at-fault driver had a legal duty to operate their vehicle safely
- The defendant violated that duty through a careless action, such as driving under the influence (DUI), excessive speeding, or distracted driving.
- This breach of duty directly caused the car accident.
- The family suffered quantifiable losses (damages) as a result of the death.
Once negligence is established, the plaintiff must definitively prove that the defendant’s negligent action was the direct and proximate cause of the victim’s death. Evidence that can be used to back their claims includes a detailed accident reconstruction expert testimony, physical evidence from the accident scene, eyewitness and police reports, and comprehensive medical records showing the fatal injuries and confirming their direct link to the car accident.
The Burden of Proof in Mississippi
For your wrongful death case to be successful, the standard of proof must be met. This means the strategic evidence your lawyer presents must show that it is more likely than not that the defendant’s negligence caused the death.
If a fatal car accident has impacted your family, contact the Hearn Law Firm for a free consultation and take the first step toward seeking justice and stabilizing your family’s future.