Tupelo Wrongful Death Lawyer

Life can be tragically cut short due to the negligence or misconduct of another individual’s actions. This difficult reality that is unimaginable to bear brings harsh realities for the loved ones of the deceased. At Hearn Law Firm, we seek to assist families suffering from these unthinkable events. Led by Philip C. Hearn, a seasoned Tupelo personal injury attorney, and a proud University of Mississippi law graduate, our firm is dedicated to providing compassionate legal support during this difficult time. We strive to ensure that families receive the justice and compensation they deserve.

Our team of Tupelo wrongful death lawyers will do all that we can to help your case be treated with dignity and respect. Trust Hearn Law Firm to be your advocate. Contact us today for your free consultation.

Trust Hearn Law Firm in Your Tupelo Wrongful Death Claim

Entrusting Hearn Law Firm to handle your Tupelo wrongful death claim offers will offer you several advantages in your case. Here are a few reasons why Hearn Law Firm stands out above the rest:

  • Experience in Wrongful Death Claims: With over twenty-five (25) years handling Tupelo wrongful death claims, our lawyers understand the nuances of wrongful death claims and will make sure that the laws are used in your favor.
  • Personalized Attention: We make it a point to make sure our clients do not feel like just a number. Our philosophy is that every claim is unique, and we make sure to treat each case with the focused attention needed.
  • Strategic Approach to Compensation: Tupelo wrongful death claims need a strategic approach in determining how to value the claim. We will skillfully assess the potential compensation that reflects the full impact of your loss, including economic damages (lost wages, medical expenses) and non-economic damages (pain and suffering, loss of companionship).
  • No Upfront Costs: Losing a loved one can take a significant financial toll in addition to the emotional toll. We understand this and operate on a contingency fee basis. This means you owe no attorney fees unless we secure a settlement or judgment in your favor.

Why a Lawyer is Essential in a Tupelo Wrongful Death Claim

A lawyer is a must in a Tupelo wrongful death claim given the difficulty to accurately assess how much the claim is worth and the opposing side’s attempts to minimize the valuation of your claim. Here are some ways in which our wrongful death lawyers in Tupelo will assist:

  • Ensuring Deadlines Are Met: We understand all the formal procedures that must be followed in a Tupelo wrongful death claim, including making sure that all paperwork is submitted properly and meets the statute of limitations.
  • Determining Liability: Determining and proving liability in wrongful death cases requires a knowledge of Mississippi law. Our lawyers will investigate your claim, gather the necessary evidence, and construct a compelling argument to establish negligence from the appropriate party.
  • Calculating Damages Accurately: Wrongful death claims include economic damages (funeral expenses, loss of income) and non-economic damages (pain and suffering, loss of companionship). Our lawyers have the experience to accurately calculate these damages
  • Dealing with Insurance Companies: Insurance companies often seek to minimize payouts. Our lawyers will advocate on your behalf and negotiate with insurers to achieve a fair settlement that reflects the true value of your claim. If no fair offer is given, we are prepared to take the case to trial if necessary.

Who Can Bring a Tupelo Wrongful Death Claim

In Tupelo, the legal framework for filing a wrongful death claim is outlined in Mississippi Code Ann. § 11-7-13:

“Whenever the death of any person or of any unborn quick child shall be caused by any real, wrongful or negligent act or omission, or by such unsafe machinery, way or appliances as would, if death had not ensued, have entitled the party injured or damaged thereby to maintain an action and recover damages in respect thereof, or whenever the death of any person or of any unborn quick child shall be caused by the breach of any warranty, express or implied, of the purity or fitness of any foods, drugs, medicines, beverages, tobacco or any and all other articles or commodities intended for human consumption, as would, had the death not ensued, have entitled the person injured or made ill or damaged thereby, to maintain an action and recover damages in respect thereof, and such deceased person shall have left a widow or children or both, or husband or father or mother, or sister, or brother, the person or corporation, or both that would have been liable if death had not ensued, and the representatives of such person shall be liable for damages, notwithstanding the death, and the fact that death was instantaneous shall in no case affect the right of recovery. The action for such damages may be brought in the name of the personal representative of the deceased person or unborn quick child for the benefit of all persons entitled under the law to recover, or by widow for the death of her husband, or by the husband for the death of the wife, or by the parent for the death of a child or unborn quick child, or in the name of a child, or in the name of a child for the death of a parent, or by a brother for the death of a sister, or by a sister for the death of a brother, or by a sister for the death of a sister, or a brother for the death of a brother, or all parties interested may join in the suit, and there shall be but one (l) suit for the same death which shall ensue for the benefit of all parties concerned, but the determination of such suit shall not bar another action unless it be decided on its merits.”

This statute designates who is eligible to initiate a wrongful death lawsuit by focusing on those most affected by the loss. Specifically, the statute allows the personal representative of the deceased’s estate to file a claim. If the deceased did not appoint a personal representative or one has not been appointed, the law then extends the right to file a claim to the surviving family members in a specific order:

  1. the surviving spouse and children
  2. the parents, and
  3. the siblings of the deceased.

Damages in a Tupelo Wrongful Death Claim

In a Tupelo wrongful death claim, the damages to compensate the surviving family members for their loss fall into two main categories: economic and non-economic damages.

Economic damages provide financial compensation for quantifiable losses resulting from the death. This includes:

  • Funeral and Burial Expenses: Costs associated with funeral services and burial or cremation.
  • Medical Expenses: Any medical bills incurred due to the injuries that led to the deceased’s death.
  • Loss of Future Earnings: The estimated income the deceased would have earned had they lived, considering factors like their age, health, and career prospects at the time of death.
  • Loss of Benefits: Compensation for the loss of benefits the deceased would have provided, such as health insurance and retirement savings.

Non-economic damages compensate for intangible losses, which are more difficult to quantify but are profoundly felt by the survivors:

  • Pain and Suffering of the Deceased: Compensation for the physical pain and emotional distress the deceased suffered before death.
  • Loss of Companionship and Support: Acknowledges the emotional pain and loss experienced by the surviving family members due to the absence of the deceased’s love, companionship, and support.
  • Emotional Distress of Survivors: Compensation for the psychological impact on the family members left behind.

Mississippi does impose caps on non-economic damages. The cap for non-economic damages in most wrongful death cases is set at $1 million for civil actions filed against healthcare providers and $500,000 for other types of civil actions.

Contact Our Tupelo Wrongful Death Lawyer Today

If you’re facing the unimaginable pain of losing a loved one due to someone else’s negligence in Tupelo, you don’t have to navigate this challenging time alone. Hearn Law Firm, led by Philip C. Hearn, is here to stand by your side. Our Tupelo wrongful death attorneys are committed to fighting for the justice and compensation your family deserves and making sure you are fully supported through this difficult period. Let us handle the legal burden while you focus on healing. Contact Hearn Law Firm today to discuss your case and learn how we can help you find a path forward after your devastating loss.