In Mississippi, a wrongful death lawsuit can take between 6 months and 3 years, depending on the details of the claim. Every case will be unique, but you only have 3 years to file your lawsuit, or you could lose the right to do so. Building a compelling case takes time, so you should visit with a skilled wrongful death lawyer as soon as you suspect someone is responsible for your loved one’s death.
Your Attorney Must Investigate and Collect Evidence Supporting Your Lawsuit
For a successful wrongful death lawsuit, your lawyer must demonstrate that someone owed your family member a duty of care to avoid harm, but failed in that duty. They must also show how the other person’s actions directly caused your loved one’s death. To do this, your legal team must take the following actions to gather evidence:
- Take photos of the scene and relevant locations
- Request video footage from security, traffic, and other camera sources
- Speak with witnesses
- Acquire police crash reports
- Demand training, maintenance, and other records that may indicate negligence
- Research applicable laws in Mississippi
- Negotiate with insurance companies and other parties for a potential settlement
- Prepare your case for trial
Your attorney will act quickly to accomplish all these tasks as soon as possible, but there will always be delays. By hiring your lawyer right away, you allow them the time they need to assess the strength of your case. This helps them determine whether the claim is strong enough to pursue a lawsuit and file before the Mississippi statute of limitations expires.
Criminal Charges Can Delay Your Wrongful Death Lawsuit
If the person who is responsible for your loved one’s death also faces criminal charges, you may have to wait until after the criminal trial finishes before your civil lawsuit can begin. When a personal injury case turns criminal, it can add anywhere from several months to years to how long your lawsuit may last.
Fortunately, if any evidence from the criminal trial will help your personal case, your wrongful death lawyer can collect it to use in your lawsuit. Demonstrating negligence relies on showing how someone owed your family member a duty of care, and committing criminal acts can certainly show how the defendant failed in that duty. For example, if a drunk driver killed your loved one in a car accident and is convicted of DUI, you can use that conviction to show how the person knew they shouldn’t have gotten behind the wheel after drinking, since it could hurt others.
Courts Are Often Overwhelmed With Cases
Another factor that can make your wrongful death lawsuit take longer is the number of other cases on the court’s calendar or docket. Most wrongful death cases appear before the Jackson County Circuit Court, which hears claims 4 times each year for an 8-week period. Like other types of personal injury cases, there is a chance your attorney can reach a settlement agreement with those at fault before your court date arrives.
While it’s difficult to put a price on the cost of losing a family member, your wrongful death lawyer can calculate the value of their lost income, guidance to your family, and your own grief. This allows them to establish a number that will allow you to face a sorrowful future without the person you lost. To discuss more about how long a Mississippi wrongful death lawsuit takes, schedule a free consultation at Hearn Law Firm today.