Columbus, Tuscaloosa, Carrollton
Wrongful Death in Alabama and Mississippi
There are major differences on how Alabama and Mississippi decide what's true on a wrongful death case. Very different. Since I'm a lawyer in both cases, I have handled death cases in both cases. So, let me put some basic today then add some detail as I go along. If you run into the need for information, don't wait on me to hit your question in the writing. Just call me now. No charge to answer a question.
The wrongful death laws in Alabama and Mississippi are very different. Actually, Alabama is different from almost 49 other states on this. Let me get to that basic difference now on Alabama then Mississippi law to follow.
The first thing you need to know is the time to start the case. You absolutely must file this case within two years of the death. If two years passes without filing, the case is over. The case can continue after two years if filed but no action allowed if two years passes before filing.
"A personal representative may commence an action and recover such damages as the jury may access in court..." Section 6-5-410(A) The first thing this means that anyone who is part of the family or properly represents them can file this case for all. You don't get any more or any less what you are entitled to about filing this. Generally, one person leads for all. If there is more than one person to lead, the families need to decide on this.
In some instances, cases were brought while the now deceased was still alive. The death is terrible for the family personally but the case also has a loss that must be repaired. This case may be brought back to life in the case for wrongful death and the case is for the family that is now living. The case is then for wrongful death and not the original case for the person who passed away. "The damages recovered are not subject to the payments of debts and the liabilities of testator or interstate, but must be distributed according to the statute of distribution." Section 6-5-410(C) This means the money due here does not go to someone else. The money goes to the family here. Period.
This is the very bare, basic information to start off with.
The Mississippi law has a lot of material on the law but is really easier to understand compared to Alabama. In law, 11-7-13 clears all of it up in a long description:
" Except as otherwise provided in section 11-1-69, in such action the party or parties suing shall recover such damages allowable by law as the jury may determine to be just, taking into consideration all the damages of every kind in the the decedent and all damages of every kind of the decedent and all damages of every kind of any and all interested in the suit.
That's the core in Mississippi right there.
Death. The death of your family member. For this you have all my sympathy and my offer of support for you and your others.
The death in your family can often answer you for wrongful treatment and support of the family. A family member may pass away but families need to decide the mortality demands an answer and a reaction by those who are still alive. Your sides and the others leading to deathlinesss.When a person dies or is killed by the negligence or misconduct of another, the surviving members of the victim's family may sue for "wrongful death."
Here at the beginning to decide what to do after this loss whether it is violent death like a car accident death, any other accident or something that brought your loved one to death in a hospital, the first duty is to decide if there is anything to do in the law. Let me tell you as the person hurting, that is what I would do. You ask the question, then we decide what is going on then what the family wants to do. Again, you don't tell me the answer. You bring the question to me. There is no charge to find the answer. Then we can decide what to do.
These types of lawsuits seek compensation for the survivors' loss, pain at the last, lost wages or other sources from the deceased, lost companionship, and funeral expenses. In Mississippi wrongful death covers many things depending on the death. A wrongful death claim exists when a person dies due to the legal fault of another person.
The worst injury one can suffer as a result of someone elses wrongdoing is of course death. Those left behind by victims of a wrongful death may seekcompensation for their suffering.
Any fatality caused by the wrongful acts of another may result in a wrongful death claim. Many wrongful death claims are based upon death resulting from negligence, for example following a motor vehicle accident caused by another driver, a dangerous roadway or defective vehicle, or medical malpractice. Dangerous roadway claims result from deaths caused in whole or in part by the condition of the roadway.
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The basic law in Mississippi is down below with further answers
Wrongful Death Law for Mississippi Basically Explained
I'm sorry to tell you Mississippi has one of the most confused laws for wrongful death you will see. That is law 11-7-13. This is the explanation of a law that will help you in wrongful death law cases but we must work on how the law does tha
The law goes into deep listing of all the wrongful death cases and these areas also apply if the injury harms but let life continue. Here's the list:
That's the law as stated. The answer is that anything that kills by any kind of mistake is a case.
The death case must be brought I in three years under these laws some issues two. There is even some odd times six month controls for older concealed issues. Call me about the times to make sure where you are.
These are all case that can be brought to trials with proof. But roughly 98-99% of these cases will settle rather than tried but you have to prepare for the trial the whole way. If neither side can agree to the settlement, then the trial comes.
We all know these are confusing law. So, if you have any questions, just call. I don't charge to answer. If there is a possible case, I don't even charge to check that out to decide about moving on.ere.
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Civil Actions Seeking Damages