If you have lost a loved one in a wrongful death caused by a motorcycle accident in Jackson, MS, you have the right to seek compensation from those at fault. You can begin by scheduling a free consultation with a Jackson wrongful death lawyer at Hearn Law Firm, who also understands motorcycle accidents.
A Mississippi Wrongful Death Claim May Allow You to Secure Justice for Your Family
Under Mississippi Code § 11-7-13, survivors can file a wrongful death action against parties who caused or contributed to the death of their loved one. This includes behavior that was negligent, careless, reckless, or intentional on the part of the wrongdoer. You will need to demonstrate how the other party owed a duty of safety to your family member and then failed in that duty.
Those eligible to bring legal action for a wrongful death include:
- The deceased’s spouse
- The deceased’s children
- The loved one’s parents, if there is no living spouse or children
- The personal representative of the deceased’s estate
The Insurance Institute for Highway Safety (IIHS) reports there were just over 53,000 registered motorcycles in Mississippi in 2023. They accounted for just 2% of the 2,450,000 registered vehicles in the state that year, yet 8% of the traffic fatalities, according to another IIHS report.
The Wrongful Death Claim Process for a Motorcycle Accident Fatality
To successfully secure a settlement from those at fault, you will need guidance from an attorney with experience in multiple areas of personal injury law. You may be dealing with insurance providers, trucking companies, multiple drivers, or even road construction agencies.
Your wrongful death lawyer will explain the process, which includes steps such as:
- Review your case: During a free consultation, your attorney will verify whether you have a wrongful death claim and advise you on your options for moving forward.
- Gather evidence: This includes photos, video, witness statements, police reports, and other material explaining what happened and who is to blame.
- Calculate damage demands: Your lawyer will put a value on economic losses and your suffering to establish how much your case is worth.
- Pursue insurance and other compensation avenues: Your lawyer can help you file and negotiate settlements to cover financial and emotional losses.
- Proceed to trial: In some instances, you may need to go to court to obtain justice for your loved one.
Your motorcycle wreck lawyer in Jackson can keep you updated on your case’s progress and notify you when they believe they have a fair settlement offer.
Potential Compensation in a Motorcycle Accident Wrongful Death Claim
Common types of compensatory damages we pursue in these kinds of cases include:
- The cost of the funeral and burial
- All their medical bills before they died
- The loss of their financial support to your family and other dependents
You can also seek payment for your pain and suffering, including emotional distress, mental anguish, and loss of companionship. Your wrongful death attorney will help you identify all possible damages so they can seek complete financial recovery on your behalf.
Mississippi Laws That Could Affect Your Wrongful Death Case
The state’s statute of limitations is only 3 years from the date of death, meaning you should not waste valuable time that your lawyer could use to build your case. Evidence can erode, and witness memories fade, making it harder to bring those at fault to justice.
Under Mississippi’s contributory negligence law, any fault assigned to the deceased will reduce the final settlement amount. For example, if you file for $100,000 in damages, but the court finds your loved one was 20% at fault, you will receive $80,000 (20% less).
Not every lawsuit goes to trial, but your Hearn Law Firm team will always fight for what you deserve without wasting your time. Contact us to arrange a free case review with a Jackson wrongful death lawyer today.